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HomeMy WebLinkAboutFinance & Corp - 2002-08-12FINANCE & CORPORATE SERVICES COMMITTEE MINUTES Auqust 12~ 2002 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, chaired by Councillor M. Galloway, commencing at 1:04 p.m., with the following members present: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, B. Vrbanovic and C. Weylie. Councillor J. Ziegler entered the meeting shortly after its commencement. Others Present: Ms. P. Houston, Ms. L. Baillargeon, Ms. D. George, Ms. N. Chambers, Ms. A Menon and Ms. D. Gilchrist and Messrs. J. Fielding, R. Pritchard, G. Sosnoski, J. Shivas, G. Melanson, F. Pizzuto, S. Turner, D. Quinn, D. Paterson, R. Browning, M. Grummett and R. Gosse. 1. CRPS-02-183 RENEWAL OF LEASE VACANT LAND AT 470 HIGHLAND ROAD WEST The Committee was in receipt of Corporate Services Department report CRPS-02-183, dated August 1, 2002, recommending renewal of a lease for 420 square metres of vacant City land adjacent to 470 Highland Road West. It was resolved: "That the City of Kitchener accept the Offer to Renew a lease of vacant City land having an area of approximately 420 square metres, legally described as Part of Lot 95, Plan 786 and Part of Lot 16, Plan 1004; to be used in conjunction with the adjacent commercial property at 470 Highland Road West, for a 10 year term, at an annual rent of $2,000.; and further, That the Mayor & Clerk be authorized to execute all documentation required by the City Solicitor." CRPS-02-195 AMENDMENT TO MUNICIPAL CODE CHAPTER 712 (CROSS-BOWS & LONG-BOWS) The Committee was in receipt of Corporate Services Department report CRPS-02-195, dated August 7, 2002, recommending an amendment to Schedule A of Municipal Code Chapter 712 (Cross-Bows - Long-Bows) to reduce the area of the City in which bow hunting is permitted, due to extended residential development. It was resolved: "That a by-law be considered at the August 26, 2002, Council meeting to repeal and replace Schedule 'A' to Municipal Code Chapter 712 (Cross-Bows - Long-Bows) with a new Schedule 'A' in the form as attached to Corporate Services Department report CRPS-02-195." CRPS-02-189 "WORD ON THE STREET OUTDOOR FAIR" PERMISSION FOR TEMPORARY RETAIL MARKET EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE) VICTORIA PARK SEPTEMBER 29, 2002 The Committee was in receipt of Corporate Services Department report CRPS-02-189, dated August 6, 2002, recommending permission be granted for the first annual l-day book and magazine family festival, known as "Word on the Street Outdoor Fair" as well as an exemption from Municipal Code Chapter 450 (Noise). It was resolved: "That the organizing committee of the 'Word on the Street Outdoor Fair' be granted: a) permission to hold a Temporary Retail Market in Victoria Park on September 29, 2002, provided the necessary licence, including Fire and Health approvals, is obtained; and, b) an exemption from Municipal Code Chapter 450 (Noise) for this event." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES Auqust 12~ 2002 4. CRPS-02-194 - 60- CITY OF KITCHENER THE DWELLING PLACE REQUEST TO OPERATE COMMUNITY CARNIVAL VICTORIA HILLS COMMUNITY CENTRE & GZOWSKI PARK SEPTEMBER 14, 2002 The Committee was in receipt of Corporate Services Department report CRPS-02-194, dated August 6, 2002, advising of a request received from Pastor Wienberger, The Dwelling Place, to hold a community carnival on September 14, 2002, at the Victoria Hill Community Centre and Gzowski Park, in conjunction with a number of community partners. It was resolved: ,,That Pastor K.J. Weinberger, The Dwelling Place, be granted permission to operate a Community Carnival on September 14, 2002, at Victoria Hills Community Centre and Gzowski Park subject to the following: a) the necessary Special Event Licence, including Fire and Health approvals, is obtained; and, b) provide the City with proof of insurance naming the City as an additional insured; and, c) provide the City with certificates of inspection for the rides prior to the Special Event Licence being issued." CRPS-02-188 KITCHENER-WATERLOO SYMPHONY ORCHESTRA VOLUNTEER COMMITTEE "TASTE & SOUND OF WATERLOO COUNTY 2002" PERMISSION TO SELL FOOD & ALCOHOL SPECIAL OCCASION PERMIT CITY HALL SEPTEMBER 8, 2002 The Committee was in receipt of Corporate Services Department report CRPS-02-188, dated August 6, 2002, advising of the request of the Kitchener-Waterloo Symphony Orchestra Volunteer Committee to hold the "Taste of Waterloo County 2002" at City Hall on September 8, 2002. It was resolved: "That the Kitchener-Waterloo Symphony Volunteer Committee be granted permission to sell food and alcohol during their 'Taste of Waterloo County 2002' event on September 8, 2002, at Kitchener City Hall, including a Pig Roast in Civic Square, provided the necessary licence including Fire and Health approvals, is obtained; and further, That the City of Kitchener has no objection to the Kitchener-Waterloo Symphony Volunteer Committee obtaining a Special Occasion Permit from the Alcohol and Gaming Commission of Ontario for the 'Taste of Waterloo County 2002' event." Councillor J. Ziegler entered the meeting at this time and assumed the Chair. DTS-02-171 ADDITION TO CAPITAL FORECAST FOR 2007 COST TO CONSTRUCT FIRE STATION NO. 7 The Committee was in receipt of Development and Technical Services Department report DTS- 02-171, dated August 1,2002, requesting the anticipated cost of constructing Fire Station #7, in southwest Kitchener, be added to the Capital Forecast in 2007. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES Auqust 12~ 2002 -61- CITY OF KITCHENER 6. DTS-02-171 ADDITION TO CAPITAL FORECAST FOR 2007 COST TO CONSTRUCT FIRE STATION NO. 7 (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That $3,127,862. be added to the Capital Forecast, in 2007, for construction of Fire Station #7." FIN-02-034 NATURAL GAS RATES INCREASE TO TRANSPORTATION COMPONENT SEPTEMBER 1, 2002 The Committee was in receipt of Financial Services Department report FIN-02-034, dated August 1, 2002, recommending an increase in the transportation component of the natural gas rates, effective September 1,2002. The report notes that the increase is consistent with Utilities' historic practice of charging customers the National Energy Board approved rate for TransCanada Pipeline Tolls. On motion by Mayor C. Zehr - it was resolved: "That the transportation component of the natural gas rates be increased to 4.334 cents per cubic metre, from 4.267 cents, effective September 1,2002." 8. SSD-02-014 BENEFIT COVERAGE FOR L.T.D. RECIPIENTS The Committee was in receipt of Strategic Services Department report SSD-02-014, dated August 7, 2002, recommending continuation of the City's practice of providing Extended Health Care and Dental coverage for certain long term disability recipients. Councillor B. Vrbanovic declared a pecuniary interest in this matter as his wife is employed by the City of Kitchener, and did not participate in any discussion or voting with respect to this matter. On motion by Mayor C. Zehr- it was resolved: "That the City continue providing Long Term Disability (LTD) recipients who have a minimum of 10 years service with the City of Kitchener, with Extended Health Care and Dental coverage from the time they start receiving LTD until they reach the age of 65, at no cost to the recipient." CRPS-02-187 PURCHASE OF ADDITIONAL TELECOMMUNICATIONS TECHNOLOGY The Committee was in receipt of Corporate Services Department report CRPS-02-187, dated August 6, 2002, advising of the request of the Financial Services and Development and Technical Services Departments to purchase an upgrade to the basic Automatic Call Distribution (ACD) software and a Corporate Integrated Voice Response (IVR) system from Bell Gateways. Staff advised that this proposed purchase would be in addition to the new telecommunication system already approved by Council. Mayor Zehr expressed his concern with respect to customers getting locked into an automated system without the option of reaching a live body. He directed that staff ensure that a customer being answered by the Corporate Integrated Voice Response system, or any other automated portion of the City's new telecommunication system, be required to go through no more than three or four automated steps, and always have the option to chose to speak to a live body. 9. CRPS-02-187 PURCHASE OF ADDITIONAL TELECOMMUNICATIONS FINANCE & CORPORATE SERVICES COMMITTEE MINUTES Auqust 12~ 2002 -62- TECHNOLOGY(CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: CITY OF KITCHENER "That the City purchase an upgrade to the basic 'Automatic Call Distribution' (ACD) software and an 'Integrated Voice Response' (IVR) system from Bell Gateways at a cost of $185,146. plus applicable taxes, to be paid from the Telephone Reserve Fund." 10. CRPS-02-185 APPOINTMENT TO KITCHENER POWER CORPORATION BOARD OF DIRECTORS FOR 2003 The Committee was in receipt of Corporate Services Department report CRPS-02-185, dated August 2, 2002, seeking the Committee's direction with respect to 2003 appointments to the Board of Directors of the Kitchener Power Corporation. The report offers two options with respect to the form of Nominating Committee to recommend appointments to the Board; noting the Share Holders Agreement and By-law #1 of the Kitchener Power Corporation provides that the City shall annually appoint five directors to the Board and also noting that one of the appointments shall be the Mayor. It is also explained in the report that on December 10, 2001 when Board members were last appointed, Council directed the appointment process be reviewed to consider such things as length of term, advertisement, and staggered terms. Another issue requiring Council's reconsideration involves both the Kitchener Power Corporation and the Kitchener-Wilmot Hydro Board of Directors; as the Ontario Energy Board has passed regulations requiring that by the end of 2003, at least one third of the two boards must be independent of each other. Several members of the Committee put forward suggestions to change the composition of the Board of Directors including: more members of Council being appointed to the Board to allow for continuity from one municipal election to another, and allow for a better understanding on behalf of Council as to how the Corporation operates. Staggered appointments to the Board was also suggested. Councillor Vrbanovic put forward a motion to defer consideration of this matter to the September 9, 2002 Finance and Corporate Services Committee meeting to allow investigation into the structure of Boards of Directors for other Power Corporations. Mayor Zehr suggested that Mr. R. Charie, Kitchener-Wilmot Hydro, may be able to provide this information to staff. On motion by Councillor B. Vrabanovic - it was resolved: "That consideration of Corporate Services Department report CRPS - 02 - 185 (Appointment to Kitchener Power Corporation Board of Directors for 2003) be deferred and referred to the September 9, 2002 Finance and Corporate Services Committee meeting, to allow staff an opportunity to investigate and report on how other municipalities have structured their Power Corporation Boards of Directors." 11. CRPS-02-131 LAND TO BE DECLARED SURPLUS TO CITY'S NEEDS 3 PROPERTIES FORMERLY OWNED BY THE HYDRO-ELECTRIC COMMISSION OF KITCHENER-WIMOT 406 COURTLAND AVENUE EAST 520 FRANKLIN STREET NORTH VACANT LAND ON PATRICK STREET The Committee was in receipt of Corporate Services Department report CRPS-02-131, dated August 1, 2002, recommending certain City lands, formerly owned by the Hydro-Electric Commission of Kitchener-Wilmot be declared surplus to the City's needs. 11. CRPS-02-131 LAND TO BE DECLARED SURPLUS TO CITY'S NEEDS FINANCE & CORPORATE SERVICES COMMITTEE MINUTES Auqust 12~ 2002 - 63- CITY OF KITCHENER 3 PROPERTIES FORMERLY OWNED BY THE HYDRO-ELECTRIC COMMISSION OF KITCHENER-WIMOT 406 COURTLAND AVENUE EAST 520 FRANKLIN STREET NORTH VACANT LAND ON PATRICK STREET (CONT'D) Councillor Lorentz advised this matter had been deferred and referred to this meeting at his request, due to his concern regarding other former Hydro sub-stations sold by the City which are still vacant. Referring to the possible conditions which can inserted into agreements of purchase and sale and deeds, as described on page two of the report, Councillor Lorentz advised that he could support the recommendation of staff if these conditions are imposed. On motion by Councillor G. Lorentz - it was resolved: "That the following former Hydro-Electric Commission of Kitchener-Wilmot properties be declared surplus to the City's needs: a) Substation No. 3, at 406 Courtland Avenue East, legally described as Part Lot 18, Plan 404; b) Substation No. 17, at 520 Franklin Street North consisting of approximately 6,924 square metres, legally described as Lot 1, Plan 1152, save and except Part 5, Reference Plan 58R-3942, and subject to a combined easement in favour of the Bell Telephone Company of Canada and the Public Utilities Commission of the City of Kitchener; and, c) Vacant land on Patrick Street legally described as Lots 29, 30 and 31, Plan 244; and, That Legal Services be directed to secure reasonable offers to purchase for presentation to Council; and further, That a clause be inserted into the Agreements of Purchase and Sale and deeds for 520 Franklin Street North and 406 Courtland Avenue East requiring the purchaser to have redevelopment plans submitted and permits applied for within 12 months of the date of purchase, with redevelopment to be completed within 24 months of date of purchase; if these dates are not met the land will revert to the City at 80% of the original selling price." 12. CRPS-02-191 APPEAL MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLE) PERMISSION TO LOCATE HOT DOG CART AT CONESTOGA COLLEGE 299 DOON VALLEY DRIVE :l'he Committee was in receipt of Corporate Services Department report CRPS-02-191, dated August 6, 2002, seeking the Committee's direction with respect to an appeal received from Sadi Rezaly, Markam Concession, with respect to the refusal of the Manager of Licensing to issue him a licence to operate a hot dog cart outside the main dining room at Conestoga College. It is noted in the report that six places of refreshment are located within 200 metres of the proposed location for the hot dog cart. Mr. Rezaly was in attendance to represent his appeal explaining the proposed location for the hotdog cart, and advising he has the approval of the Manager of Food Services, Conestoga College, for a hot dog cart at the proposed location. Ms. J. Koppeser advised that the City must receive a letter of approval from the Manager of Food Services, Conestoga College, before a licence could be issued. 12. CRPS-02-191 APPEAL FINANCE & CORPORATE SERVICES COMMITTEE MINUTES Auqust 12~ 2002 - 64- CITY OF KITCHENER MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLE) PERMISSION TO LOCATE HOT DOG CART AT CONESTOGA COLLEGE 299 DOON VALLEY DRIVE (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That the appeal of Sari Rezaly, Markham Concession, of the decision of the Manager of Licensing not to issue him a licence pursuant to Municipal Code Chapter 586 (Refreshment Vehicles) to operate a Hot Dog Cart outside the main dining room at Conestoga College, 299 Doon Valley Drive, be granted, subject to the following: a) b) the appellant shall provide the Manager of Licensing with a letter from the Manager of Food Services, Conestoga College, giving him permission to operate a Hot Dog Cart on the Campus, prior to receiving a licence from the City; and, 13. CRPS-02-186 the appellant shall apply for and receive a licence, including Fire and Health approvals, from the Manager of Licensing prior to operating the Hot Dog Cart." 14. MUNICIPAL CODE CHAPTER 842 (HEDGES - OTHER OBJECTS & TRAFFIC HAZARDS) The Committee was in receipt of Corporate Services Department report CRPS-02-186, dated August 7, 2002, in response to a request from Councillor J. Ziegler for staff to comment the appropriateness of providing an exemption within Municipal Code Chapter 842 (Hedges, Other Objects & Traffic Hazards) relating to the height of hedges, particularily within the vicinity of the the St. Mary's Heritage Conservation District, that have front and year yards abutting streets. Staff were also requested to comment on an enforcement policy related to hedges that would involve looking at other properties in the vicinity of the subject property for similar violations. Councillor Ziegler put forward ideas for an appropriate enforcement policy; suggesting that staff should look at other properties within the vicinity of the complaint property when investigating hedge complaints, and the complainant should be so advised. He also suggested a Code amendment which would allow exemptions with respect to driveway visibility triangles in older areas of the City, as is the case for the downtown area, particularily noting the St. Mary's Heritage Conservation District. On motion by Mayor C. Zehr- it was resolved: "That staff report at the Finance and Corporate Services Committee meeting of September 9, 2002 on appropriate amendments to the definition of "Driveway Visibility Triangle" in Municipal Code Chapter 842 (Hedges, Other Objects and Traffic Hazards); and, That staff investigate the possibility of exemptions to the driveway visibility triangle requirements in certain areas of the City; and further, That staff also present an enforcement policy relative to hedges and fences, whereby staff would investigate properties in the vicinity of a complaint property, and the complainant be so advised." WATERLOO REGION MUNICIPALITIES INSURANCE POOL CITY OF KITCHENER CLAIM FILE # 02-0665 VEHICLE DAMAGE JUNE 11, 2002 PARK STREET The Committee was in receipt of a written submission from Mr. Richard Wolf, 75 John Street 14. WATERLOO REGION MUNICIPALITIES INSURANCE POOL FINANCE & CORPORATE SERVICES COMMITTEE MINUTES Auqust 12~ 2002 - 65- CITY OF KITCHENER CITY OF KITCHENER CLAIM FILE # 02-0665 VEHICLE DAMAGE JUNE 11, 2002 PARK STREET (CONT'D) East, Waterloo, outlining the steps he took with respect to a claim made against the City's insurance relative to an incident on Park Street on June 11,2002, involving his vehicle. The Committee was also in receipt of inter-office correspondence from Ms. N. Chambers, Risk Manager, on behalf of the Waterloo Region Municipalities Insurance Pool, dated August 6, 2002, outlining the facts of Mr. Wolf's claim. Attached to Ms. Chamber's correspondence were photocopies of photographs taken by staff and also by Mr. Wolf. Mr. Wolf was in attendance to represent his request for compensation for the incident of June 11, 2002, and provided Committee members with a further written submission in response to Ms. Chamber's August 6, 2002, correspondence. He gave a verbal presentation explaining why he believed the City was responsible for damage to his vehicle which took place on Park Street on June 11, 2002, along with other costs, and why he felt that staff have not handled his claim fairly. Following consideration of Mr. Wolf's verbal presentation and written submissions, and staff's response, as well as Ms. Chamber's written submission, Councillor Galloway stated he had not been convinced that the City is responsible to pay Mr. Wolf's claim. On motion by Councillor M. Galloway- it was resolved: "That the request of Richard Wolf, 75 John Street East, Waterloo, for compensation from the City of Kitchener in connection with City of Kitchener Claim File #02-0665, be denied." Councillor J. Ziegler advised Mr. Wolf that the Committee's recommendation will be considered by Council at its meeting of August 26, 2002, commencing at 7:00 p.m., and that all members of Council are members of the Finance and Corporate Services Committee. 15. CRPS-02-190 PARLOURS PROPOSED BY-LAW LICENSING & REGULATING ADULT & ATTENDANTS ENTERTAINMENT The Committee was in receipt of Corporate Services Department report CRPS-02-190, dated August 6, 2002, recommending a by-law to licence Adult Entertainment Parlours and Attendants; as the current by-law was passed in 1997 and the current Municipal Act requires licensing by-laws to be rewritten every five years. On motion by Mayor C. Zehr- it was resolved: "That a by-law be considered at the August 26, 2002 Council meeting to licence Adult Entertainment Parlours and Attendants in the form dated 'Draft July 26, 2002', as attached to Corporate Services Department report CRPS-02-190." 16. CRPS-02-193 APPEAL MUNICIPAL CODE CHAPTER586(REFRESHMENT VEHICLE) PERMISSION TO LOCATE FOOD TRAILER AT CORNER OF VICTORIA &WEBER STREETS The Committee was in receipt of Corporate Services Department report CRPS-02-193, dated August 6, 2002, asking for the Committee's direction with respect to an appeal received from Alraian International Inc. to locate a food trailer on the vacant land at the corner of Victoria and Weber Streets. It is noted in the report that there are seven places of refreshment within 200 metres of the subject property. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES Auqust 12~ 2002 - 66- CITY OF KITCHENER 16. CRPS-02-193 APPEAL MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLE) PERMISSION TO LOCATE FOOD TRAILER AT CORNER OF VICTORIA & WEBER STREETS (CONT'D) The Committee was provided with two letters of objection to a food trailer at this site; one from Suna Ertan, owner of the Station Cafe, 100 Victoria Street North, the second from Ana and Irena Marsialek, operators of a hot dog cart at 50 Victoria Street North. Mr. Effat, the appellant, appeared as a delegation in support of his appeal. Mr. Ertan, owner of the Station Cafe, appeared as a delegation in opposition to the food trailer at Victoria and Weber Streets, across the street from his Cafe. He spoke of the costs involved in purchasing and upgrading his business and renting his business premises, and offered the opinion that there is not sufficient business for another food vendor in this area. On motion by Councillor J. Smola - it was resolved: "That the appeal of Effat M, Alraian International Inc., of the decision of the Manager of Licensing not to issue him a licence to operate a Food Trailer on the vacant lot at the corner of Victoria and Weber Streets, pursuant to Municipal Code Chapter 586 (Refreshment Vehicles) be denied." 17. CRPS-02-192 APPEAL MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLE) PERMISSION TO LOCATE HOT DOG CART AT "THE BEER STORE" 2644 KING STREET EAST The Committee was in receipt of Corporate Services Department report CRPS-02-192, dated August 6, 2002, with respect to an appeal received from Steve Krofchick of the refusal of the Manager of Licensing to issue him a licence to operate a hot dog cart at "The Beer Store", 2644 King Street East. The report notes that there are five places of refreshment within 200 metres of this location. Ms. Koppeser advised that no objections have been received and Council has previously approved a hot dog cart at this location. On motion by Councillor G. Lorentz - it was resolved: "That the appeal of Steve Krofchick of the decision of the Manger of Licensing not to issue him a licence to operate a Hot Dog Cart outside The Beer Store, 2644 King Street East, be granted." 18. CRPS-02-184 REVIEW OF COUNCIL REMUNERATION The Committee was in receipt of Corporate Services Department report CRPS-02-184, dated August 2, 2002, putting forward two options for public review of the renumeration package for the Mayor and members of Council. The Committee generally agreed with option #1 in the staff report, being the formation and mandate for an Ad Hoc Citizens Advisory Committee. The Committee agreed to change the qualifications for appointment to the Ad Hoc Citizens Advisory Committee such that appointees must meet the same qualification as candidates in a municipal election. An expanded mandate for the Ad Hoc Committee was considered so as to include consideration of an annual inflationary increase for the Mayor and members of Council. Finally, it was agreed that the Ad Hoc Committee would be required to hold at least one public meeting to obtain input from the general public on Council renumeration. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES Auqust 12~ 2002 - 67- CITY OF KITCHENER 18. CRPS-02-184 REVIEW OF COUNCIL REMUNERATION (CONT'D) On motion by Councillor B. Vrbanovic - it was resolved: "That an Ad Hoc Citizens Advisory Committee to review Council renumeration be established in accordance with Option #1, outlined in Corporate Services Department report CRPS - 02 - 184 (Review of Council Renumeration), with the following amendments: a) criteria for appointment to the Ad Hoc Citizen Advisory Committee be the same as the criteria for candidates in Municipal Elections; b) the Ad Hoc Citizen Advisory Committee shall hold at least one general public meeting to solicit comments from the public on Council renumeration; and, c) the Ad Hoc Citizen Advisory Committee's mandate include consideration of an annual inflationary increase in the salary for Mayor and Councillors." Councillor J. Ziegler then put forward a motion for a 2.5% annual inflationary increase effective August 12, 2002 for all members of Council. A recorded vote was requested. On motion by Councillor J. Ziegler- it was resolved: "That effective August 2, 2002, all members of Council receive a 2.5% inflationary salary increase." In Favour: Mayor C. Zehr and Councillors C. Weylie, J. Ziegler and G. Lorentz Contra: Councillor M. Galloway, B. Vrbanovic and J. Smola Carried 19. ADJOURNMENT On motion, the meeting adjourned at 2:55 p.m. Dianne H. Gilchrist Committee Administrator