Loading...
HomeMy WebLinkAboutFin & Corp Svcs - 2008-01-28FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 1:10 p.m. Present: Councillor B. Vrbanovic, Chair Mayor C. Zehr and Councillors J. Smola, G. Lorentz, K. Galloway, J. Gazzola and C. Weylie. Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer T. Speck, General Manager, Corporate Services R. Browning, General Manager, Development & Technical Services A. Pappert, General Manager, Community Services R. Gosse, Director of Legislated Services & City Clerk D. Chapman, Director of Financial Planning & Reporting R. Regier, Executive Director of Economic Development M. May, Director of Communications /Marketing S. Adams, Director of Community & Corporate Planning D. Paterson, Director of Human Resources L. Proulx, Director of Facilities Management K. Weiss, Director of Business Development J. Sheryer, Assistant City Solicitor S. Williams, Assistant City Solicitor M. Petricevic, Manager, Projects /Energy Management P. Harris, Manager of Licensing K. Steiss, Inclusion Co-ordinator J. Billett, Committee Administrator 1. CRPS-0$-00$ -APPEAL -HOT DOG CART The Committee considered Corporate Services Department report CRPS-08-008, dated January 14, 2008 concerning a request to relocate a hot dog cart operation and issuance of a licence to operate the hot dog cart in the new location. On motion by Councillor J. Gazzola - it was resolved: "That notwithstanding the distance separation requirements of Chapter 586 (Refreshment Vehicles) of the City's Municipal Code, the request of Vlasta Kadlec to relocate her hot dog cart operation from 90 Ardelt Avenue to 41 Ardelt Place and to be issued a licence to operate the hot dog cart at the new location, be approved." 2. CAO-0$-002 -FAMILY DAY The Committee considered Chief Administrator's Office report CAO-08-002, dated January 3, 2008 concerning an amendment to Human Resources Policy II-25 (Specified Holidays) to add the third Monday in February as Family Day. Councillor J. Gazzola raised concerns that the Premier of Ontario has declared a new holiday without giving clear thought as to the impact, resulting in associated costs to employers. Mr. D. Paterson advised that the intent is to implement Family Day in perpetuity, the direct costs of which are estimated at approximately $100,000. per year. It was noted that does not include the value of lost productivity nor take into account increased overtime costs should the holiday coincide with a winter storm event. It was also noted that the Region of Waterloo has granted the holiday while the other two cities in the Region have yet to make a decision. Councillor J. Gazzola suggested a compromise be made to grant the holiday this year only and subsequently, open the matter to re-negotiation. Mr. Paterson advised that if it is required to negotiate the benefit, the difficulty would lie in that, not all union contracts expire at the same time and staggered negotiations could result in a situation whereby one bargaining unit receives the benefit while another does not. He stated that in fairness, it is staff's view it would be more appropriate to grant the holiday for all staff and while Council has the authority to deny the holiday, such a decision would be open to FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 21 - CITY OF KITCHENER 2. CAO-A$-002 -FAMILY DAY tCONT'D) challenge. He added that the City will be in negotiations with two bargaining units in 2008 that are certain to pressure for the holiday and he was uncertain what benefit there would be in proceeding in this manner. Councillor C. Weylie referred to private companies that have declared their employees annual floater day as the Family Day holiday. Mr. Paterson advised that the City does provide a floater day; however, declaring the same as Family Day would also require re-negotiation under existing union contracts. Councillor Weylie agreed with Councillor Gazzola's proposed compromise, citing too much confusion among employers and retail businesses alike, and she also questioned the reality of the day remaining a permanent holiday. Mayor C. Zehr stated that notwithstanding the confusion surrounding the Province's declaration of the day, he could not foresee any circumstance in which the Premier would reverse the decision. Accordingly, he was of the opinion that the holiday should be granted to eliminate uncertainty for staff. On motion by Mayor C. Zehr, the recommendation contained in staff report CRPS-08-002 was brought forward for consideration to amend Human Resources Policy II-25 (Specified Holidays) to include Family Day. Councillors G. Lorentz and K. Galloway supported the motion, agreeing with the intended spirit of the holiday and the likelihood that it would be implemented through contract negotiations in any event. Councillor J. Gazzola advised that he would not support the motion, noting that not all employers are granting the day off and it was his opinion that the matter should be re-visited by the Province. A motion by Councillor C. Weylie to amend Mayor Zehr's motion to provide that the Family Day holiday be granted in 2008 only and negotiated in future years, was brought forward for consideration. Councillor B. Vrbanovic stated that the issue of a winter-long weekend in February has long been discussed at the Provincial level, with the end result being a declaration of Family Day. He noted that the confusion lies in the method of enactment, being passed by an Order in Counsel rather than as a piece of legislation but maintained the intent of the holiday is clear. He expressed the opinion that there is no question the day will remain a permanent holiday and supported granting the holiday in perpetuity to provide clarity for all staff. Councillor J. Gazzola spoke in favour of the amendment, reiterating that the Province has not put enough thought into the declaration of the holiday and should re-visit the matter. Councillor C. Weylie's motion to amend the main motion was then voted on and Lost. The following motion was Carried, on a recorded vote, with Mayor C. Zehr and Councillors G. Lorentz, J. Smola, B. Vrbanovic and K. Galloway voting in favour and Councillors J. Gazzola and C. Weylie voting in opposition. On motion by Mayor C. Zehr - it was resolved: "That Human Resources Policy 11-25, Specified Holidays, be amended by the addition of Family Day, the third Monday in February." At the request of Mayor C. Zehr, it was agreed to forward the Committee's recommendation for ratification to the special Council meeting to be held later this same date. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 22 - CITY OF KITCHENER 3. CRPS-0$-007 -REQUEST TO HOLD BINGOS ON AN ON-GOING BASIS The Committee considered Corporate Services Department report CRPS-08-007, dated January 14, 2008 concerning a request from two organizations to hold bingos in Kitchener on an on-going basis. On motion by Councillor C. Weylie - it was resolved: "That the requests of the New Quarterly Literary Society Inc. and the Waterloo Regional Matmen Wrestling Club to hold bingos in the City of Kitchener be approved, providing that the funds being raised are used for charitable purposes as mandated in the Provincial Regulations." 4. CSD-0$-007 -JOINT ACCESSIBILITY PLAN 200$ (ONTARIANS WITH DISABILITIES ACT 2001) The Committee considered Community Services Department report CSD-08-007, dated January 9, 2008 concerning adoption of the annual Accessibility Plan for 2008 in accordance with the Ontarians with Disabilities Act, 2001. Ms. K. Steiss advised that the plan has now been endorsed by all participating municipalities and a copy of the completed Joint Accessibility Plan 2008 was circulated this date. Ms. Sharon Wars-Zeller and Ms. Taposhi Batabyal, Co-Chairs, Grand River Accessibility Advisory Committee (GRAAC), provided an overview of the Committee's mandate and requested endorsement of the Accessibility Plan 2008. The delegations advised that GRAAC has suggested working towards compiling a list of priority initiatives to form part of a multi-year forecast (5-10 year plan). Ms. K. Steiss advised that the plan initiatives differ among participating municipalities in the Plan because of varied staging and differences in service delivery. She advised that an audit has been undertaken of City facilities and following review of the results, staff will bring forward a report on how the funding provided by the City is being assigned. Ms. Steiss added that staff will be working with GRAAC to develop amulti-year plan that will prioritize and provide direction for plan initiatives. On motion by Councillor K. Galloway - it was resolved: "That the 2008 Accessibility Plan attached to Community Services Department report CSD-08-007 be adopted as the Annual Accessibility Plan for 2008 for the City of Kitchener in accordance with the Ontarians with Disabilities Act, 2001; and further, That should the City of Waterloo, the Township of Woolwich, the Township of North Dumfries and the Township of Wellesley adopt the said Accessibility Plan, the Plan shall be a "Joint Accessibility Plan" with the participating municipalities." 5. CAO-0$-003 -SMALL BUSINESS CENTRE - 2007 UPDATE The Committee considered Chief Administrator's Office report CAO-08-003, dated January 15, 2008 concerning the final instalment of core funding to the 2008 operating budget of the Waterloo Region's Small Business Centre. A copy of the Centre's financial statement was circulated to members of the Committee this date. Ms. K. Weiss provided highlights of the Centre's activities in 2007, including: consultative assistance to entrepreneurs; seminars /workshops; new events /programming; outreach activities; and sponsorships. Ms. Weiss advised that the core funding requested will provide stability in operations and allow for improved services. Councillor J. Gazzola acknowledged the increase in sponsorship revenues, however, noted that the private sector contribution equates to only around 5%. He questioned why the percentage was not higher given they are the biggest benefactor. Ms. Weiss stated that securing private sector funding is an on-going process and in some instances, such funding is not apparent as it FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 23 - CITY OF KITCHENER 5. CAO-0$-003 -SMALL BUSINESS CENTRE - 2007 UPDATE tCONT'D) is incorporated into program funding. Ms. Weiss pointed out that in 2004 the Centre was in a deficit position of approximately $112,000. which was eliminated at year-end 2006. Councillor J. Gazzola questioned the need to spend dollars to market a free service. Ms. Weiss advised that a Committee has been established to develop an on-going marketing strategy and the funding set aside will also provide for up-to-date materials. Councillor Gazzola suggested that a $10. fee be charged for consultations with prospective entrepreneurs. Ms. Weiss advised that this matter has been discussed by the Board with varying opinions. She stated that some feel it is inappropriate to charge a fee for consultations when staff is unable to provide legal and/ or financial advice relative to start-up of a new business because they are not qualified professionals in these fields. She added that the Province's intent of the Small Business Centre is to provide service to those who are either currently unemployed or in low paying jobs. She advised, however, that she could take this matter back to the Province for further consideration. Councillor J. Gazzola advised that while the Centre provides a good service, he could not support the requested funding because it was his opinion the service provided is not a mandate or high priority of municipal government. Councillor G. Lorentz commented that small businesses are strong contributors to the economic climate of the community and it is important to provide opportunity for skills to be honed or acquired in the running of a small business. On motion by Mayor C. Zehr - it was resolved: "That the final instalment of the City of Kitchener's portion of the 2:1 ratio for core funding be added to the 2008 Operating Budget for the Waterloo Region Small Business Centre." 6. CRPS-0$-010 -CAFE BAR AZZURO - 347 LANCASTER STREET WEST -LICENSING CONDITIONS The Committee considered Corporate Services Department report CRPS-08-010, dated January 15, 2008 concerning issuance of a Place of Refreshment licence for the Business known as Cafe Bar Azzuro located at 347 Lancaster Street West. Mr. Gary McNeil, resident, advised that he owns amulti-unit dwelling abutting to the rear of the subject property and was in attendance on behalf of his tenants. He advised that since the business opened he has received numerous complaints from tenants concerning noise from loud music and screeching motor vehicles, as well as inappropriate behaviour by customers on the patios and in the parking lots. He noted that he lost a prospective tenant who witnessed activity at the adjacent business and he has not been able to rent the vacant unit since. He questioned that the business owner would co-operatively adhere to any conditions imposed, citing an incident involving barking dogs tied to his fence which he had repeatedly asked persons from the business to remove and had finally had to threaten to call police before his request was complied with. He pointed out that several other restaurant /bar facilities exist close by which have never given any cause for complaints. He suggested that the subject business was over-serving contrary to smart serve rules and asked that the City take action to provide a manner of recourse for the neighbourhood. Ms. Sally Wall, resident, advised that she lives across the street from the establishment and has experienced numerous disturbances late into the evening /early morning hours coming from the business. She stated that the management of the business appears to not want to take responsibility for unacceptable behaviour of its customers and also cited examples of excessive noise, loud music, motor vehicles and unacceptable behaviours. She expressed the opinion that this establishment is devaluing the neighbourhood and asked that the licence be revoked and similar businesses not be allowed in future. Ms. Wall advised that the problems have occurred since opening of the establishment in July 2007 and the Police have been called numerous times to address disturbances. She added that the proposed conditions to the license as recommended by staff would not change the FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 24 - CITY OF KITCHENER 6. CRPS-0$-010 -CAFE BAR AZZURO - 347 LANCASTER STREET WEST -LICENSING CONDITIONS tCONT'D) behaviour of customers to the business. Ms. Wall agreed that there has been no cause for complaint of any other restaurant /bar establishment in the neighbourhood. Ms. Milja Kuljanin, advised that she was an employee of the establishment and wished to speak on behalf of Ms. Romana Vignjevic, owner and manager of Cafe Bar Azzuro. Ms. Kuljanin advised that the dogs referred to did not belong to the business owner but rather a tenant living on the premises. She stated that out of 23 visits by Police and/or By-law Enforcement Officers, the business had only received three tickets, two for contravening noise regulations and one for smoking regulations. She commented that customers must smoke outside which results in the door being opened constantly and believed that was the cause of neighbouring properties hearing the music. She advised that area residents have not spoken to the owner of the business about their concerns, denying the owner an opportunity to speak to their issues. She added that the owner is considering bringing in sound experts to measure noise levels in the bar, which was constructed as sound proof, to determine if the noise can really be heard across the street. Councillor J. Smola questioned at what point the owner would consider the matter to be a problem given Police / By-law Enforcement Officers had visited the premises on 23 occasions. Ms. Kuljanin suggested that they were not able to control customers who have left the establishment to congregate in the parking lot or who screech their tires when leaving in their motor vehicles. She added that no alcohol is served after 2 a.m. and after 3 a.m. only staff remains in the building. She also alleged that Enforcement Officers have been called to the premises unnecessarily on many occasions. Councillor G. Lorentz enquired if security has ever been hired to control problems in the parking lot and the delegation advised that there is usually someone on staff making sure that there is no one under age and if there is a lot of people then someone will be assigned to the door. Councillor Lorentz commented that in running a business the owner has responsibility to ensure its customers behave in a satisfactory manner and in this case, it was his opinion changes need to occur and the onus should be on the operator to do so. Mayor C. Zehr enquired if the Alcohol and Gaming Commission of Ontario (AGCO) had been in touch with the business in regard to the concerns and was advised by the delegation they had not. He enquired if the delegation understood that the condition to close and vacate all patios by no later than 11 p.m. meant no one could be on the patios after that time. The delegation raised concerns with the condition as it relates to the requirement to smoke outside, suggesting that customers would have to use the patios for smoking or risk being ticketed if they remain inside. Councillor B. Vrbanovic enquired if the owner was aware of any charges laid against the business by the AGCO for over-serving and was advised by the delegation that they were not aware of any charges. Councillor J. Smola advised that he would like to see this matter referred to a hearing and enquired if the conditions could be applied pending a hearing. Ms. P. Harris advised that the conditions could be applied to a temporary licence and the matter referred to a hearing. She also advised that it was her understanding from discussions with the Waterloo Regional Police that the AGCO has laid charges against the business. Councillor J. Gazzola asked that another condition be applied to require that security be provided by the owner of the business during all operating hours to patrol outside areas including the parking lot. Mr. G. McNeil asked that the rear parking lot be included in Councillor Gazzola's request and that the rear door be required to remain closed instead of being used as the main entrance to the establishment. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 25 - CITY OF KITCHENER 6. CRPS-0$-010 -CAFE BAR AZZURO - 347 LANCASTER STREET WEST -LICENSING CONDITIONS tCONT'D) Councillor K. Galloway raised concerns with regard to closing of the patio at 11 p.m. relative to the issue of smoking. Ms. P. Harris advised that the patios have been the main concern, with noise emanating from those areas well beyond 11 p.m. and suggested that customers could go out to the parking lot to smoke. Mayor C. Zehr asked that the AGCO be notified of the conditions to be applied to the temporary licence and that By-law Enforcement staff be proactive in enforcing the conditions until a hearing is held. On motion by Councillor J. Smola - it was resolved: "That a temporary Place of Refreshment Licence - Class A be issued for the period January 1 to April 30, 2008 to Cafe Bar Azzuro, 347 Lancaster Street West, with the following conditions: • all patios must be closed and vacated no later than 11 p.m.; • a heavy curtain or other treatment be installed as a sound barrier in the front window to reduce the sound being emitted outside, of the live bands that set up directly in front of the window; • the front door to the establishment be used as the main entrance; • security personnel be employed by the business owner during all operating hours to patrol outside areas of the establishment, including the parking lots (front /rear); • the Alcohol and Gaming Commission of Ontario be advised of the conditions to the temporary licence; • City By-law Enforcement Officers be pro-active in enforcing the conditions to the temporary licence until such time as a licensing hearing is commenced; and further, That a hearing be held under the authority of the Municipal Act, 2001, as amended, to determine whether or not to revoke, suspend or impose conditions as a requirement of continuing to hold a Place of Refreshment Licence - Class A for the business known as Cafe Bar Azzuro, 347 Lancaster Street West, Kitchener; and said hearing be held at Kitchener City Hall on a date to be determined." At the request of Councillor B. Vrbanovic, it was agreed that the recommendation of the Committee would be considered at the special Council meeting to be held later this same date and the delegations were so advised. 7. CRPS-0$-009 -PUBLIC MEETING -REPEAL & REPLACE CHAPTER 502 (ADULT ENTERTAINMENT PARLOURS) OF THE MUNICIPAL CODE The Committee considered Corporate Services Department report CRPS-08-009, dated January 14, 2008 concerning repeal and replacement of Chapter 502 (Adult Entertainment Parlours) of the Municipal Code to provide for revised regulations. Mr. Steven McMurray, Solicitor for 1685000 Ontario Limited, o/a Roxxannes Bar and Grill, 1271 Victoria Street North, referred to correspondence he had sent to Ms. P. Harris, dated January 23, 2008 in which his client's concerns were outlined regarding the proposed by-law. Mr. McMurray referred to terms used in the draft by-law recitals which are not defined within the by- law, including `lap dancing' and `bawdy-house'; and to certain wording that makes reference to crime and sexually transmitted diseases. He suggested that definitions should be provided for the undefined terms and the wording revised to reflect that which is contained in the Municipal Act, 2001. Mr. McMurray circulated this date floor plans of Roxxannes to demonstrate that the facility is primarily an open concept with one raised area, formally known as a VIP room. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 26 - CITY OF KITCHENER 7. CRPS-0$-009 -PUBLIC MEETING -REPEAL & REPLACE CHAPTER 502 (ADULT ENTERTAINMENT PARLOURS) OF THE MUNICIPAL CODE tCONT'D) He pointed out that previously the VIP room was surrounded by a transparent curtain which has since been removed leaving an unobstructed view of the area. He advised that his client's main concern with the draft by-law is the intention to prohibit table dancing which in his opinion, was unnecessarily restrictive. He noted that the Manager of Licensing has suggested that a decision to uphold the City of Ottawa's by-law supports the prohibition; however, it was his opinion the decision supports table dancing as a core activity of this type of entertainment facility. He suggested that if prohibited, the business would fail because performers would lose a large portion of their income and would go elsewhere to find work in cities where this activity is permitted. On motion by Councillor J. Smola - it was resolved: "That the provisions of c.25.5.5 (Council Procedures) of the Municipal Code, which provides that delegations will be permitted a maximum of five minutes to address Council, be waived to allow Mr. Steven McMurray to conclude his submission." Mr. McMurray stated that his client fully agrees with the provision of no physical contact between the customer and the performer. He asked that table dancing be allowed in unobstructed areas, stressing that there was no longer a VIP area to be concerned with in this establishment. He further raised concerns that the Manager of Licensing has suggested that the City has no responsibility for his client's employees or the success of the business. He commented that this is a legitimate business that is being threatened by the proposed prohibition as table dancing is a major source of income for the performers. Mr. Bill Papazotos, 2027625 Ontario Ltd., o/a The Doll House, 6 Bridge Street West, attended to raise similar concerns with respect to table dancing being a core activity and if prohibited, it was his opinion it would cause his business to fail. Ms. P. Harris advised that the recitals remain unchanged from wording in the existing c.502 of the Municipal Code and staff is not adverse to continuing to allow table dancing if so directed by Council. Ms. C. Williams commented that the Court of Appeal's decision on the Ottawa by-law denotes the right of the City to eliminate VIP rooms, prohibit physical contact and eliminate dancing within an enclosed environment; and is not being used to specifically underscore prohibition of table dancing. She added that it is not within the City's legislated authority to be responsible for the success of the business. Ms. P. Harris also advised that the City has the right to restrict the number of establishments but may not create a monopoly; therefore, the City must provide for at least two. She added that the main concern of staff relates to the issue of physical contact which has been the main source of infractions to the by-law. Ms. Harris suggested that with table dancing considerable contact is made regardless of where it is performed and if the activity is allowed, it would be the responsibility of the owner to control. In respect to consultation with the industry, she advised that both establishments were provided with a copy of the draft by-law as early as December 2007 for comment and invited to the meeting this date. Ms. J. Sheryer commented that the issue of table dancing stems from the number of physical contact violations and staff's recommendation is intended to create a less conducive environment. Mayor C. Zehr expressed the opinion that the matter should be referred back to staff for further dialogue with the industry and clarification of wording to provide for definition of terms, and some flexibility incorporated so as not to absolutely restrict table dancing activity. Councillor B. Vrbanovic referred to the raised area in Roxxannes and questioned if staff were concerned that the area still equates to a VIP room. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 27 - CITY OF KITCHENER 7. CRPS-0$-009 -PUBLIC MEETING -REPEAL & REPLACE CHAPTER 502 (ADULT ENTERTAINMENT PARLOURS) OF THE MUNICIPAL CODE tCONT'D) Mr. S. McMurray reiterated that this area is no longer obstructed from view and can be viewed from all sides. He added that table dancing is not performed on a table but rather on a chair in the vicinity of a table and agreed that a definition of this activity is needed. Ms. P. Harris commented that it was her understanding that when a customer enters the raised area they pay an additional fee, which is what denotes it as a VIP room. Mr. McMurray advised that his client would be agreeable to not charge an additional fee to enter the raised area. Councillor B. Vrbanovic referred to wording in the by-law that references no physical contact except what is considered normal in the course of business and suggested that this should also be clarified in respect to what is considered normal contact. On motion by Councillor J. Gazzola - it was resolved: "That the draft by-law attached to Corporate Services Department report CRPS-08-009 concerning the repeal and replacement of Chapter 502 (Adult Entertainment Parlours) of the City's Municipal Code, be referred back to staff for further consideration of the issues raised at the January 28, 2008 Finance & Corporate Services Committee meeting and to dialogue with industry representatives; with a subsequent report to come forward to the Committee at a future date." 8. CRPS-0$-01$ -AMENDMENTS TO KITCHENER MUNICIPAL CODE CHAPTER 530 (DOGS) - DEFINITION OF RESTRICTED DOG The Committee considered Corporate Services Department report CRPS-08-018, dated January 10, 2008 concerning an amendment to Chapter 530 (Dogs) to revise the definition of a `restricted dog'. It was noted the agenda that any recommendation of the Committee concerning this matter would be considered at the special Council meeting to be held later this same date. On motion by Councillor G. Lorentz - it was resolved: "That staff be directed to prepare an amendment to Chapter 530 (Dogs) of the City of Kitchener Municipal Code to define a `Restricted Dog' to mean a dog that is a Pit Bull dog for which the owner can establish to the satisfaction of the Poundkeeper that the dog existed within the province of Ontario on or before August 29, 2005, or was born in Ontario within 90 days of that date; and, That the Dog Designation Appeal Committee be directed to defer consideration of any prohibited dog designation appeals respecting pit bull dogs who could potentially fall within the amended definition of a `Restricted Dog' until such time as the by-law amendment is considered by Council; and further, That the animal services contract provider be directed to suspend prohibited dog designation proceedings based on breed, against owners whose dogs could potentially fall within the amended definition of a `Restricted Dog' until such time as the by-law amendment is considered by Council." 9. FIN-0$-014 -MUNICIPAL INFRASTRUCTURE INVESTMENT INITIATIVE The Committee considered Financial Services Department report FIN-08-014, dated January 21, 2008 concerning the City's application under the Provincial Municipal Infrastructure Investment Initiative (MITI). Mr. D. Chapman advised that in late 2007 the Province announced a new grant program which would provide up to $300M for municipalities to be used for construction-ready projects. The application deadline is February 15th and funding will be available no later than March 31, 2008. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 2$ - CITY OF KITCHENER 9. FIN-0$-014 -MUNICIPAL INFRASTRUCTURE INVESTMENT INITIATIVE tCONT'D) Mr. Chapman further advised that staff have reviewed eligible projects and it is being recommended that the City make application in the amount of $3.2M for the King Street Streetscape project. He explained that the project is construction-ready and based on the City's population in comparison with the Province and in context of the Region, the amount being recommended would be appropriate. Mayor C. Zehr advised that the project will compete with other municipal projects regardless of municipal population and therefore, using the size of Kitchener to calculate the appropriate funding for the project may not be the best route to take. He also advised that the Region will be making application for funding as well and in the past, the Province has opted to fund upper tier projects over lower tier municipalities. Mr. Chapman advised that requesting a larger amount of funding runs the risk of being denied and under this program there will be no partial funding; it will be a matter of all or none. On motion by Mayor C. Zehr - it was resolved: "That staff be directed to submit an application under the Municipal Infrastructure Investment Initiative for the King Street Streetscape project in the amount of $3.2 M; and further, That staff be directed to bring forward a by-law in support of this application on February 4, 2008 for Council approval." 10. CRPS-0$-014 -RECOMMENDATION TO IMPLEMENT GREEN BUILDING DESIGN AND CONSTRUCTION STANDARDS The Committee considered Corporate Services Department report CRPS-08-014, dated January 17, 2008 concerning implementation of Green Building Design and Construction Standards. On motion by Councillor G. Lorentz - it was resolved: "That Corporate Services Department report CRPS-08-014 (Recommendation to Implement Green Building Design and Construction Standards) be referred to the Environmental Committee for comment, with a subsequent report to come forward to the Finance & Corporate Services Committee at a future date." 11. CRPS-0$-013 -REFERRAL TO LICENSING HEARING -RELAXING ORIENTAL SPA - 100 VICTORIA STREET NORTH The Committee considered Corporate Services Department report CRPS-08-013, dated January 17, 2008 concerning a request to hold a hearing into matters concerning an alterative massage business licence. On motion by Councillor J. Smola - it was resolved: "That a hearing be held under the authority of the Municipal Act, 2001, as amended, to determine whether or not to revoke, suspend or impose conditions as a requirement of continuing to hold an Alternative Massage Business Licence for the business known as Relaxing Oriental Spa, 100 Victoria Street North, Kitchener; and further, That said hearing be held at Kitchener City Hall on a date to be determined." 12. CRPS-0$-005 -SET FINES FOR BUILDING CODE ACT, S.O. 1992, c.23 The Committee considered Corporate Services Department report CRPS-08-005, dated January 8, 2008 concerning establishment of set fine amounts for offences under the Building Code Act, S.O. 1992, c.23. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 29 - CITY OF KITCHENER 12. CRPS-0$-005 -SET FINES FOR BUILDING CODE ACT, S.O. 1992, c.23 tCONT'D) On motion by Councillor G. Lorentz - it was resolved: "That the short form wording and suggested set fine amounts for the offences under the Building Code Acf, S.O. 1992, c.23, as set out in Schedule "A" attached to Corporate Services Department report CRPS-08-005, be approved; and further, That the City Solicitor be authorized to submit this matter to the Regional Senior Judge of the Ontario Court of Justice for the establishment of set fines." 13. CRPS-0$-015 -LEASE OF PREMISES IN CITY HALL - PATRICIA FRETWELL The Committee considered Corporate Services Department report CRPS-08-015, dated January 3, 2008 concerning renewal of the lease for the City Hall Wedding Chapels. Mr. L. Proulx advised that the lease between the City and Ms. Patricia Fretwell for the area of City Hall used as the Wedding Chapels has come due and renewal has been negotiated. He explained that the negotiated lease is for a three year period and the lease rate will be lower than market value in year one but by year three, the rate will exceed present market value. Councillor J. Gazzola asked why the lease rate could not be at market value in year one. Mr. Proulx advised that a large increase in one year would have an impact on the business which offers a unique service and provides other benefits to the City through such things as parking revenue. On motion by Councillor C. Weylie - it was resolved: "That the lease of premises in City Hall to Patricia Fretwell, operating as `Feelings From the Heart', to operate two wedding chapels be approved for renewal for an additional three year period commencing on the first day of September, 2007 until August 31, 2010, and that the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor." 14. CRPS-0$-016 -LICENCE OF PREMISES AT 79 JOSEPH STREET -WATERLOO REGIONAL TOURISM MARKETING CORPORATION The Committee considered Corporate Services Department report CRPS-08-016, dated January 21, 2008 concerning a three year licence agreement between the City and the Waterloo Regional Tourism Marketing Corporation (MRTMC) for the use of the former KOR Gallery building, 79 Joseph Street. Mr. L. Proulx advised that the MRTMC is anon-profit, destination marketing board funded by Regional municipalities and provides an added benefit to the City's downtown. He explained that the recommended lease rate will recover costs for energy, custodial and security services, and basic maintenance; and over the term of the lease, will recover lease improvements up to $45,000. Councillor J. Gazzola asked if the agreement is for the entire building and what the market value lease rate would be for the space. Mr. Proulx advised that the MRTMC is only leasing a portion of the building and in order to ascertain the market value of the property, an appraisal would be required. Mayor C. Zehr commented that in his opinion market value is not relevant compared to the benefits that will be realized by having the MRTMC located in downtown Kitchener. Councillor Gazzola stated that he was not opposed to the agreement but suggested that knowing the market value would help in determining the City's contribution to the tourism corporation. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JANUARY 2$, 200$ - 30 - CITY OF KITCHENER 14. CRPS-0$-016 -LICENCE OF PREMISES AT 79 JOSEPH STREET -WATERLOO REGIONAL TOURISM MARKETING CORPORATION tCONT'D) On motion by Councillor C. Weylie - it was resolved: "That the City enter into a licence agreement for a three year term, including options to extend, with the Waterloo Regional Tourism Marketing Corporation, for the use of 1,461 square feet of space at 79 Joseph Street, the former KOR building; and, That staff be authorized to undertake improvements on behalf of the Waterloo Regional Tourism Marketing Corporation, to an up-set limit of $45,000, to be funded as part of any licence payments over a three-year period from the Waterloo Regional Tourism Marketing Corporation; and further, That the Mayor and Clerk be authorized to execute a licence agreement, satisfactory to the City Solicitor." 15. CRPS-0$-017 -DEDICATION OF LAND TO KITCHENER UTILITIES -HURON ROADI FISCHER-HALLMAN ROAD The Committee considered Corporate Services Department report CRPS-08-017, dated January 3, 2008 concerning allocation of City-owned lands to Kitchener Utilities for installation of gas regulator station. On motion by Mayor C. Zehr - it was resolved: "That a 929 square meter (10,000 square feet) parcel of land be allocated to Kitchener Utilities from City-owned lands at the corner of Huron Road and Fischer-Hallman Road for the purpose of installing a gas regulator station." 16. ADJOURNMENT On motion, the meeting adjourned at 4:05 p.m. Janet Billett, AMCT Committee Administrator