HomeMy WebLinkAboutFin & Corp Svcs - 2006-11-20FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 CITY OF KITCHENER
The Finance and Corporate Services Committee met this date, commencing at 2:10 p.m.
Present: Councillor B. Vrbanovic -Chair
Mayor C. Zehr and Councillors J. Smola, G. Lorentz, J. Gazzola, M. Galloway and C.
Weylie.
Staff: C. Ladd, Chief Administrative Officer
P. Houston, General Manager, Financial Services & City Treasurer
R. Browning, General Manager, Development & Technical Services & Fire Chief
A. Pappert, General Manager, Community Services
T. Speck, General Manager, Corporate Services
L. MacDonald, Director of Legal Services & City Solicitor
D. Mansell, Director of Engineering
M. Hildebrand, Director of Aquatics & Athletics
R. Gosse, Director of Legislated Services & City Clerk
S. Turner, Director of Enforcement
K. Currier, Director of Operations
P. Harris, Manager of Licensing
J. Billett, Committee Administrator
1. CRPS-06-164 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE
- BETHANY EVANGELICAL MISSIONARY CHURCH
The Committee considered Corporate Services Department report CRPS-06-164, dated
November 15, 2006 concerning a request for an exemption to Chapter 450 (Noise) of the
Municipal Code.
On motion by Councillor M. Galloway -
it was resolved:
"That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to the Bethany Evangelical Missionary Church for their annual Christmas
Pageant from November 30 to December 3, 2006, between the hours of 6:00 P.M. and
9 P.M., daily."
2. CRPS-06-165 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE
- SHAWN COOPER, VICTORIA PARK PAVILION
The Committee considered Corporate Services Department report CRPS-06-165, dated
November 15, 2006 concerning a request for an exemption to Chapter 450 (Noise) of the
Municipal Code.
Councillor J. Gazzola noted that the approval was for a series of dates in 2007 and questioned
that in giving approval to all dates at once what recourse Council would have to revoke its
approval if an issue arose concerning operation of these events. He was advised that rules of
procedure for giving Notice of Motion to reconsider the matter do not apply when a motion
pertains to a decision of a previous Council and therefore in this instance, the new Council
taking office December 4, 2006 could reconsider the approvals granted without giving formal
notice, should the need arise.
Mayor C. Zehr suggested, and it was agreed, that for clarity a condition be added to provide
that the approvals would be subject to reconsideration should concerns arise regarding the
operation of these events.
On motion by Councillor M. Galloway -
it was resolved:
"That subject to Council reconsideration in the event an adverse report is brought
forward by By-law Enforcement staff concerning any of these events, an exemption to
Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Shawn
Cooper for album release events to be held at the Victoria Park Pavilion between the
hours of 7:00 PM and 10:15 PM, on the following dates:
January 5 and 26, February 23, March 9, April 6 and 30, May 11, and June 8, 2007."
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 - 136 - CITY OF KITCHENER
3. CSD-06-114 -AMENDMENT TO COUNCIL POLICY 1-325
- MUNICIPAL ALCOHOL POLICY -SPECIAL OCCASION PERMITS
The Committee considered Community Services Department report CSD-06-114, dated
November 7, 2006 concerning an amendment to Council Policy I-325 (Municipal Alcohol
Policy -Special Occasion Permits).
Mr. M. Hildebrand advised that the City had a blanket insurance policy, through PAL (Party
Alcohol Liability) insurance brokers and H. L. Staebler which allowed the City to offer liability
insurance through PAL to groups and individuals renting City facilities. The amendment to the
policy reflects a change in process made by PAL and H. L. Staebler wherein the group /
individuals are now required to deal directly with H. L. Staebler.
In response to questions, staff advised that the change in process was made by the insurance
company as a result of a decrease in the public use of the existing program and because of
incidents wherein insurance coverage was issued for non-intended events through PAL.
Councillor J. Gazzola raised concerns that the change results in an adverse impact to
customer service for those renting City facilities and suggested that attempts should be made
to re-visit this issue with the current insurance company or an investigation be undertaken to
find another insurance company who will maintain this program.
On motion by Councillor J. Gazzola -
it was resolved:
"That the recommendation contained in Community Services Department report CSD-
06-114 (Municipal Alcohol Policy -Amendment) be deferred and referred to a
January 2007 Community Services Committee meeting to allow further discussions
with the City's insurer and / or investigation of other insurers in an effort to maintain a
simplified method of obtaining liability insurance by those who rent City facilities."
4. PUBLIC MEETING -MUNICIPAL CODE -AMENDMENTS TO VARIOUS LICENSING
CHAPTERS:
a) CRPS-06-161 -Chapter 533 -Drain Layer
b) CRPS-06-162 -Repeal Chapter 539 -Electrical Contractor-Master Electrician
c) CRPS-06-163 -Chapter 500 -General Provisions -Issue of Licenses
- Chapter 501 -Business License Fees
- Chapter 502 -Adult Entertainment Parlours
d) CRPS-06-167 -Chapter 578 -Plumbing Contractor-Master Plumber-Journeyman
Plumber
Pursuant fo fhe Municipal Acf 2001, a Notice of lnfenfion fo consider fhe above noted
amendments fo various licensing chapters of the City's Municipal Code, was published in The
Record on November 10, 2006.
On invitation from the Chair, no delegations came forward to address the Committee regarding
the above matters.
The Committee considered the above noted Corporate Services Department reports
pertaining to amendments to various licensing chapters of the Municipal Code.
In regard to report CRPS-06-161, dated November 8, 2006 a definition for Master Drain Layer
is proposed to be added which shall mean a person who is skilled in the planning,
superintending and laying of drains on private property between the property line or in the
case of a water main, between the property line and shut-off box to a point not more than
0.609m (2 ft.) inside the outside wall of the building. A Master Drain Layer must have a
regular place of business in Ontario and shall lay drain and / or supervise those who lay
drains. The new definition will provide that only a Master Drain Layer shall obtain a licence
and write an exam if the Chief Building Official deems it necessary to determine qualification.
In regard to report CRPS-06-162, dated November 9, 2006 Ms. Harris advised that the
Electrical Contractor Association of Ontario successfully lobbied the Province of Ontario to
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 - 137 - CITY OF KITCHENER
4. PUBLIC MEETING -MUNICIPAL CODE -AMENDMENTS TO VARIOUS LICENSING
CHAPTERS tCONT'D)
implement province-wide licensing and examination of electrical contractors and Master
Electricians which will take effect January 1, 2007. This change renders Chapter 539 of the
Municipal Code redundant as this will now be a provincial function and the chapter is proposed
to be repealed.
It was noted that changes proposed in report CRPS-06-163, dated November 9, 2006 are
simply housekeeping amendments to correct the title of the Corporate position to which the
licensing section reports from `Director of Legislated Services /Deputy City Clerk' to `Director
of Legislated Services / City Clerk'.
In regard to report CRPS-06-167, dated November 8, 2006, Ms. Harris advised that under the
Municipal Act the City is no longer permitted to require a written examination to determine
qualification if a certificate is held in a trade, occupation or skill set under the Trades
Qualification and Apprenticeship and Certification Act. The proposed amendment removes
the requirement to write and pass an examination in order to obtain a municipal licence.
On motion by Councillor C. Weylie -
it was resolved:
"That a by-law to amend Chapter 533 of the Municipal Code (Drain Layer) be prepared
for Council's consideration on November 27, 2006, based on the proposed by-law
dated November 6, 2006 attached to Corporate Services Department report CRPS-06-
161."
On motion by Mayor C. Zehr -
it was resolved:
"That a by-law to repeal Chapter 539 of the Municipal Code (Electrical Contractor-
Master Electrician) be prepared for Council's consideration on November 27, 2006,
based on the proposed by-law dated November 6, 2006 attached to Corporate Services
Department report CRPS-06-162."
On motion by Councillor G. Lorentz -
it was resolved:
"That a by-law to amend Chapters 500 (General Provisions -Issue of Licences), 501
(Business Licence Fees) and 502 (Adult Entertainment Parlours) be prepared for
Council's consideration on November 27, 2006, based on the proposed by-law dated
November 6, 2006 attached to Corporate Services Department report CRPS-06-163."
On motion by Councillor J. Smola -
it was resolved:
"That a by-law to amend Chapter 578 (Plumbing Contractor-Master Plumber-
Journeyman Plumber) be prepared for Council's consideration on November 27, 2006,
based on the proposed by-law dated November 6, 2006 attached to Corporate Services
Department report CRPS-06-167."
DTS-06-167 -TENDER T06-001 -CONCRETE SIDEWALK AND CURB
- CONSTRUCTION AND REPAIR -PURCHASE ORDER EXTENSION
tPO 0600461)
The Committee considered Development and Technical Services Department report DTS-06-
167, dated November 8, 2006 requesting an extension to the Purchase Order for the City's
annual contract for concrete sidewalk and curb construction /repair to allow additional
sidewalk construction to be completed as part of the 2006 Capital Works.
Mr. D. Mansell advised that through the Provincial `Move Ontario' program the City received
just over $4M to assist with road and bridge maintenance and construction projects, of which
$750,000. was approved for new sidewalk installation; resulting in a budget of over $786,000.
Staff are requesting that $250,000. of the budgeted funds be used to extend the purchase
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 - 13$ - CITY OF KITCHENER
5. DTS-06-167 -TENDER T06-001 -CONCRETE SIDEWALK AND CURB
- CONSTRUCTION AND REPAIR -PURCHASE ORDER EXTENSION
tPO 0600461) tCONT'D)
order to facilitate payment of additional sidewalk work in 2006 not originally identified in the
tender.
At the request of Councillor M. Galloway, Mr. Mansell agreed to provide a list of the additional
sidewalk work to be undertaken that was not originally identified.
On motion by Councillor G. Lorentz -
it was resolved:
"That Purchase Order P.O. 0600461 for the City of Kitchener's annual Contract T06-
001, Concrete Sidewalk and Curb Construction and Repair, be extended $250,000. to
allow for additional sidewalk construction to be completed as part of the City's 2006
Capital Works."
Mayor C. Zehr then referred to a report to be presented to a Regional Planning Committee on
November 21, 2006 which indicates the Region is agreeing to take responsibility to construct
sidewalks on Regional roads but replacement and / or maintenance of the sidewalks would be
the City's responsibility. Mr. Mansell advised that was correct and noted that discussions will
continue through 2007 with a final report to be circulated to area municipalities for comment
prior to implementation of the program in January 2008.
At the request of Mayor C. Zehr, Mr. Mansell agreed to provide a list of all sidewalks to be built
on Regional roads in 2007 that the City may still have an obligation to pay for, together with
estimated costing.
Councillor G. Lorentz commented that having recognized responsibility for construction of
sidewalks on Regional roads, the Region should not then require the City to undertake their
replacement and / or maintenance unless a method of billing back the work to the Region is
proposed. Mayor Zehr also inquired if maintenance would include snow removal. Mr. Mansell
responded that no discussion regarding billing back to the Region for maintenance has taken
place to date but suggested that maintenance would be minimal in comparison given the life
expectancy of sidewalks once installed. Mr. K. Currier noted that it has been difficult to keep
up with current infrastructure demands given costs associated with the fast pace of
development growth and was of the opinion that the proposed arrangement would greatly
assist the City in meeting the demand for sidewalk installations.
Councillor C. Weylie inquired as to how new sidewalk installations on older Regional roads
could be added to the priority list and Mr. Mansell advised that this was dependent on
scheduling of the Regional Roads Program.
Mayor C. Zehr advised that he would bring issues raised this date to the Regional Planning
meeting.
6. ASSOCIATION OF MUNICIPALITIES OF ONTARIO -MEMBER COMMUNICATION -
CITIZENS' ASSEMBLY ON ELECTORAL REFORM
The Committee was in receipt of an Association of Municipalities of Ontario (AMO) Member
Communication concerning a request from the Citizens' Assembly on Electoral Reform for
municipal support to promote upcoming public consultations on the question of whether to
retain the current Provincial electoral system or adopt a new one.
Suggestions were made to add a link from the City's website to the Citizens' Assembly website
and dependent on publication deadlines, place an information piece in the next edition of the
`Your Kitchener' newsletter.
The Committee was advised that the Citizens' Assembly will be in the Kitchener-Waterloo area
on January 10, 2007 from 7 - 10 p.m., at the K-W YMCA, 425 University Avenue East,
Waterloo.
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 - 139 - CITY OF KITCHENER
6. ASSOCIATION OF MUNICIPALITIES OF ONTARIO -MEMBER COMMUNICATION -
CITIZENS' ASSEMBLY ON ELECTORAL REFORM tCONT'D)
Staff was asked to provide members of Council with a list of area citizens involved with the
Citizens' Assembly.
On motion by Mayor C. Zehr -
it was resolved:
"That the City of Kitchener support the request of the Citizens' Assembly on Electoral
Reform to assist in publicizing upcoming public consultations regarding retaining of the
current provincial electoral system or adoption of a new one, by providing a link from
the City's website to the Citizens' Assembly website and by placing an information
excerpt in the next edition of the `Your Kitchener' newsletter subject to publication
deadlines."
7. CRPS-06-166 -BILL 130 -PROPOSED AMENDMENTS TO THE MUNICIPAL ACT
The Committee considered Corporate Services Department report CRPS-06-166, dated
November 17, 2006 concerning Government Bill 130, in which a number of proposed changes
to the Municipal Act, 2001 are outlined.
Ms. L. MacDonald highlighted major changes proposed to the Municipal Act and expanded on
two areas of concern proposed to be orally presented to the Standing Committee on General
Government at a scheduled hearing on November 27, 2006. The concerns noted relate to a
revised provision for establishment of corporations wherein staff had hoped provisions would
be broadened to enhance municipal ability to go forward with viable economic development
corporations; however, the new provision effectively remains the same. The second concern
relates to the preservation and protection of public assets wherein the open meeting
provisions may not always provide the appropriate opportunity for discussion in a closed
meeting environment to protect the public assets held for the benefit of the community. Ms.
MacDonald noted that the City often seeks, or is involved, in public /private partnerships and
other business interests which involve public assets. In some instances, it may be necessary
to protect information related to such activities as private enterprises require certain financial
and competitive information, released to the municipality, to be discussed in a confidential
forum.
Ms. L. MacDonald advised that the City has opportunity to present a written submission to the
Standing Committee on General Government or could make a 15 minute oral representation
at a hearing scheduled for November 27, 2006. Staff are seeking direction of the Committee
on how to proceed.
Mayor C. Zehr referred to additional information forwarded in an email from staff and
requested clarification of several items. Ms. MacDonald advised of the following: provision to
participate electronically in meetings applies only to open, public sessions and does not
include in-camera meetings; provision for administrative penalties to enforce parking, standing
and stopping of vehicle by-laws is a move toward municipal ability to deal with some aspects
of enforcement outside the Court process but needs regulation provisions to be effective;
provision for removal of snow and ice from buildings should include removal of snow and ice
from sidewalks but is absent on the latter; provisions authorizing establishment of a code of
conduct for Council and local boards does not allow an offence section to be added to the by-
law.
Mayor Zehr noted that the 15 minute timeframe for oral representation limits the number of
concerns that could be raised and asked if a comprehensive written report could also be
submitted to the Standing Committee. Ms. MacDonald confirmed that both oral and written
submissions are permissible, with the deadline for a written submission being November 30,
2006.
Mayor Zehr proposed that staff make oral representation at the November 27 Standing
Committee hearings as to the two areas of concerns outlined in report CRPS-06-166 and also
report to the November 27 Council meeting with a draft written submission, detailing all areas
of concern, for approval prior to submitting the document by the November 30 deadline to the
Standing Committee.
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 - 140 - CITY OF KITCHENER
7. CRPS-06-166 -BILL 130 -PROPOSED AMENDMENTS TO THE MUNICIPAL ACT tCONT'D)
Councillor J. Gazzola requested clarification of the two areas of concern outlined by staff. In
regard to establishing an Economic Development Corporation, Ms. C. Ladd advised that staff
have had past discussions with Council surrounding a best model to facilitate economic
investment initiatives; one of which involves potential of establishing an independent
corporation that would have the ability to acquire, hold and dispense with assets on behalf of
the City. Discussions were held with the previous provincial government who indicated
interest in undertaking a pilot project, but on continuing discussions with the new provincial
government indication was given that it was not on their agenda at this time. Staff had hoped
it would be given consideration in the proposed amendments to the Municipal Act but the
amendment document remains silent on the issue.
In regard to the second area of concern, Mr. T. Speck advised that municipalities often find
themselves in a position of not being able to discuss certain information in-camera that may, if
verbalized in an open meeting, have an adverse impact on the City's obligation to preserve
and protect public assets. He cited private /public partnerships under negotiation wherein
private businesses are not as able or willing to divulge certain financial or competitive
information in open discussion. He added that sensitive information provided in written form
has protection under the Municipal Freedom of Information and Privacy Act (MFIPA) and
cannot be released publicly but similar guidelines are not afforded in circumstances that
require verbal discussion. Staff is suggesting that similar guidelines be implemented that
would give authority to go into an in-camera meeting to verbally discuss information and / or
documents that would be prohibited from disclosure under MFIPA, to assist municipalities in
their obligation to preserve and protect public assets.
Councillor J. Gazzola advised that he was opposed to the two areas of concern proposed to
be presented orally to the Standing Committee and in particular, expressed the opinion that he
would not be supportive of any change that results in less transparency. Mayor C. Zehr
commented that it was not a matter of being less transparent but rather a matter of providing a
tool to assist Council in its responsibility to protect and preserve public assets.
Councillor B. Vrbanovic suggested, and it was agreed, that this matter be set aside at this time
to allow further contemplation of the information provided, with the intent to recess the Finance
and Corporate Services Committee following conclusion of the remainder of its agenda and
then reconvene at 6:30 p.m. to finish discussion of this item.
8. MUNICIPAL ELECTIONS -VOTER TURN-OUT
At the request of Councillor B. Vrbanovic, Councillor M. Galloway assumed the Chair to allow
Councillor Vrbanovic to bring this matter forward for consideration.
Councillor B. Vrbanovic commented that voter turn-out in the City of Kitchener remains one of
the lowest in the Province and provided a comparison of percentage turn-outs in other
municipalities. He asked that consideration be given to a review of this issue while still fresh in
the minds of the community. In this regard, he brought forward a motion for consideration to
obtain a polling consultant to conduct a citizens' survey on issues of voter turn-out; establish a
citizens' committee to review survey results and make recommendations for implementation in
advance of the 2010 municipal election; and to work with the Association of Municipalities of
Ontario to investigate potential for the Province to launch a province-wide advertising
campaign and work with the local newspaper to develop a special insert on candidates, to
better educate the electorate.
Councillor J. Gazzola suggested the initiative was premature as not all election results are
available and costing of a consultant is unknown. He added that more civic training in
elementary /secondary schools is needed and questioned if such an initiative should be done
locally or at the provincial level.
Mayor C. Zehr referred to problems associated with the voters' list as prepared by the
Municipal Property Assessment Corporation (MPAC) and Mr. R. Gosse noted that
improvements will require changes in provincial legislation as to how the list is compiled. He
noted that he is awaiting further information from the Association of Municipalities of Ontario
and the Association of Municipal Clerks and Treasurers of Ontario on election results and a
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 - 141 - CITY OF KITCHENER
8. MUNICIPAL ELECTIONS -VOTER TURN-OUT tCONT'D)
meeting of area Clerks is scheduled for November 30, 2006. Mr. Gosse advised that he would
be bringing forward apost-election report, including comparisons with other municipalities,
within the next few months.
Mayor C. Zehr suggested that rather than proceed this date a report be requested from staff
concerning the issues outlined in Councillor Vrbanovic's motion. Councillor Vrbanovic
commented on the importance of proceeding with a timely survey, suggesting that this part of
the motion should be decided at the November 27 Council meeting so that if approved, the
survey could be conducted in December /January and staff could then report back in January
2007 with timelines for the remaining issues as outlined in his motion.
Mr. R. Gosse responded to questions regarding the 2006 municipal election, advising that
there was no delay in tabulating ballots on election night but rather it was simply a matter of
the time it took to count them. He noted that the City of Waterloo is able to produce faster
results by using a decentralized system whereas Kitchener uses centralized tabulation. He
pointed out that the cost of going to a decentralized system would be two to three times
greater than Waterloo given they are a smaller municipality but noted his intent to investigate
moving in that direction. It was also noted that the overall percentage of voter turn-out in
Kitchener was 25.5%.
Councillor G. Lorentz agreed that it is premature to consider the issues raised by Councillor
Vrbanovic pending a full post-election report from staff. He suggested that the questions could
be put to the electorate through the `Your Kitchener' newsletter rather than expend monies on
a survey. He commented that Kitchener's percentage of voter turn-out does not appear out of
sync with the rest of the Province and agreed that the Province, as well as the candidates
running, also have responsibility in promoting voter turn-out and educating eligible electors.
Councillor B. Vrbanovic proposed that his motion be deferred and referred to the November 27
Council meeting, at which time staff would provide an estimated cost to conduct the survey
and a decision be made on whether or not to proceed in this direction; following, the remaining
portions of the motion could then be referred to staff for inclusion in apost-election report for
presentation to the first Finance and Corporate Services Committee meeting in January 2007.
On motion by Councillor B. Vrbanovic -
it was resolved:
"That the following recommendation brought forward by Councillor B. Vrbanovic at the
November 20, 2006 Finance & Corporate Services Committee meeting be deferred
and referred to the November 27, 2006 Council meeting, pending additional
information from staff concerning an estimated cost to conduct the proposed survey:
`WHEREAS the citizens of the City of Kitchener through the `Who are you, Kitchener?'
process and in its new Strategic Plan expressed a desire to see improved levels of
citizen engagement in the community; and,
WHEREAS voter turn-out in Kitchener was again amongst the lower voter turn-outs in
the Province;
NOW THEREFORE BE IT RESOLVED that City staff obtain the services of a polling
consultant to survey residents about questions like whether they did or did not vote; why
they did or did not vote; and for ideas they have which would make the voting process
better for them; and,
BE IT FURTHER RESOLVED that staff be directed to prepare a preliminary post-
election report to be brought forward to the first Finance & Corporate Services
Committee meeting in January 2007, considering among other issues:
• establishing a citizens' committee to be made up of the City Clerk, members of
Council, candidates not elected in the 2006 municipal election and citizens-at-large,
to study the results of the proposed survey and other findings from the City Clerk as
a result of the 2006 municipal election; and make recommendations by June 30,
2007 for implementation in advance of the next municipal election; and,
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 - 142 - CITY OF KITCHENER
8. MUNICIPAL ELECTIONS -VOTER TURN-OUT tCONT'D)
• to work with the Association of Municipalities of Ontario (AMO) to investigate the
possibility of the Province of Ontario launching a province-wide advertising
campaign in advance of the next municipal election on behalf of all Ontario
municipalities; and to work with the local newspaper to develop a special insert in
advance of the next municipal election that would give full and equal coverage to all
candidates to assist voters with being better educated about the candidates
running."'
This meeting of the Finance and Corporate Service Committee then recessed at 3:55 p.m., and
reconvened at 6:40 p.m. to continue discussions regarding proposed amendments to the Municipal
Act, 2001.
Present: Councillor B. Vrbanovic -Chair
Mayor C. Zehr and Councillors J. Smola, J. Gazzola, M. Galloway and C. Weylie
Councillor G. Lorentz entered the meeting after its commencement.
Staff: C. Ladd, Chief Administrative Officer
T. Speck, General Manager, Corporate Services
R. Browning, General Manager, Development and Technical Services & Fire Chief
L. MacDonald, Director of Legal Services & City Solicitor
R. Gosse, Director of Legislated Services & City Clerk
J. Billett, Committee Administrator
7. CRPS-06-166 -BILL 130 -PROPOSED AMENDMENTS TO THE MUNICIPAL ACT tCONT'D)
Councillor B. Vrbanovic advised that this matter had been held over to allow Committee
members to review additional information received from staff and to contemplate the two areas
of concern noted in the staff report proposed for oral submission at the November 27, 2006
hearings of the Standing Committee on General Government.
Ms. L. MacDonald responded to questions regarding the benefits of establishing an
independent corporation, advising that the ability to do so could be used for a number of
functions beyond economic development, such as a parking enterprise. She noted that an
independent corporation would not be encumbered by City processes allowing business to be
conducted in a more timely manner and such a corporation could more easily negotiate land
purchases at reasonable pricing. Councillor J. Gazzola expressed the opinion that an
independent corporation was unnecessary as such functions could be run independently but
still be under the control of the City, similar to how the Building Enterprise operates.
Ms. MacDonald also spoke to in-camera discussions, noting that it would be beneficial to have
the ability to discuss certain information in closed session that if disclosed prematurely, would
have an adverse impact on public assets. She expressed the opinion that these matters could
be accommodated in a similar manner to written documentation under MFIPA and referred to
the difficulty staff have had in getting certain information to Council in regard to private /public
partnerships. Councillor J. Gazzola questioned why such information could not be required to
be in writing. Mr. T. Speck pointed to the difficulty of negotiating in written form, commenting
that verbal contact is often a necessary part of negotiations. Ms. L. MacDonald reiterated that
unless an exemption is provided there is no mechanism to verbally discuss financial or
competitive information of private businesses in a private forum.
Councillor G. Lorentz entered the meeting at this time.
Councillor J. Gazzola spoke in opposition to the proposed change regarding in-camera
discussion, commenting that the City as a public corporation should make any and all
information available to its shareholders and would rather see the City err on the side of
transparency.
Mayor C. Zehr spoke to the issue of an independent corporation, suggesting it may be a
prudent way of operating particular functions and noted that in requesting this change in
provision it does not mean the City intends to immediately enter into such an arrangement.
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
NOVEMBER 20, 2006 - 143 - CITY OF KITCHENER
7. CRPS-06-166 -BILL 130 -PROPOSED AMENDMENTS TO THE MUNICIPAL ACT tCONT'D)
He noted that there are numerous circumstances that could be contemplated in regard to such
a provision and it is the flexibility this change provides that he supports. Mayor Zehr also
spoke to the issue of in-camera discussion, commenting that utilizing the same guidelines as
MFIPA allows a commonality of rules for all such discussions of a sensitive nature. He
reiterated the opinion it was not a matter of being less transparent but rather a matter of
allowing the City to operate in the best interest of citizens and community in the preservation
and protection of public assets.
In response to Mayor Zehr, Ms. L. MacDonald advised that similar concerns regarding in-
camera discussions are being raised by other municipalities and many have made reference
to the guidelines under MFIPA as a prudent method to deal with this issue.
A motion by Mayor C. Zehr was brought forward for consideration to direct staff to make oral
representation on the two areas of concern outlined in report CRSP-06-166 at the November
27 hearing of the Standing Committee on General Government and report to the November 27
Council meeting with a draft written submission for approval prior to submitting the document
to the Standing Committee by the November 30 deadline.
At the request of Councillor J. Gazzola, the motion of Mayor Zehr was voted on in two
separate parts, by recorded votes, as follows:
• Paragraph 1 was Carried, with Mayor C. Zehr and Councillors B. Vrbanovic, J. Smola, G.
Lorentz., M. Galloway and C. Weylie voting in favour and Councillor J. Gazzola voting in
opposition; and,
• Paragraph 2 was Carried Unanimously.
On motion by Mayor C. Zehr -
it was resolved:
"That staff make oral representation at their scheduled hearing appointment on
Monday, November 27, 2006 to the Standing Committee on General Government
regarding two areas of concern related to proposed amendments to the Municipal Act,
as outlined in Corporate Services Department report CRPS-06-166, dated November
17, 2006; and further,
That staff report to the November 27, 2006 Council meeting with a comprehensive
written submission detailing all concerns of the municipality in regard to the proposed
amendments to the Municipal Act for Council approval prior to submitting the document
to the Standing Committee on General Government by the November 30, 2006
deadline."
ADJOURNMENT
On motion, the meeting adjourned at 7:05 p.m.
Janet Billett, AMCT
Committee Administrator