Loading...
HomeMy WebLinkAboutFin & Corp Svcs - 2008-05-12FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12, 200$ CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 2:05 p.m. Present: Councillor B. Vrbanovic, Chair Mayor C. Zehr and Councillors J. Gazzola, G. Lorentz, J. Smola, K. Galloway and C. Weylie. Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager, Community Services T. Speck, General Manager, Corporate Services D. Chapman, General Manager, Financial Services & City Treasurer J. Sheryer, Assistant City Solicitor J. Willmer, Director of Planning S. Turner, Director of By-law Enforcement M. May, Director of Communications /Marketing R. Regier, Executive Director of Economic Development J. Witmer, Director of Operations D. Paterson, Director of Human Resources S. Adams, Director, Community & Corporate Planning P. Harris, Manager of Licensing S. Berry, Manager of Maintenance Operations J. Billett, Committee Administrator 1. CRPS-0$-060 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - CALVARY MEMORIAL UNITED CHURCH The Committee considered Corporate Services Department report CRPS-08-060, dated April 24, 2008 concerning a request for a noise exemption. On motion by Councillor G. Lorentz - it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Calvary Memorial United Church on Saturday, June 21, 2008 between the hours of 1:00 P.M. and 4:00 P.M., for their Annual Strawberry Social." 2. CRPS-0$-070 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - WESTHEIGHTS COMMUNITY CHURCH The Committee considered Corporate Services Department report CRPS-08-070, dated May 6, 2008 concerning a request for a noise exemption. On motion by Councillor G. Lorentz - it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Westheights Community Church between the hours of 4:00 PM and 8:00 PM on June 8, 2008." 3. CRPS-0$-077 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - KITCHENER COLLEGIATE INSTITUTE -ENVIRONMENTAL INSTITUTE The Committee considered Corporate Services Department report CRPS-08-077, dated May 5, 2008 concerning a request for a noise exemption. On motion by Councillor G. Lorentz - it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Collegiate Institute for their Environmental Festival in Victoria Park between the hours of 3:00 PM and 10:00 PM on June 12, 2008." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12, 200$ - 7$ - CITY OF KITCHENER 4. CRPS-A$-073 -REQUEST TO OPERATE A MIDWAY - 120 PIONEER DRIVE -MAY 27-JUNE 1, 200$ The Committee considered Corporate Services Department report CRPS-08-073, dated May 6, 2008 concerning a request to operate a midway. On motion by Councillor G. Lorentz - it was resolved: "That Homeniuk Rides Inc. be granted permission to operate a Midway at the Optimist Sports Park, 120 Pioneer Drive on May 29-June 1, 2008, subject to the following: Date of O eration Hours of O eration Thursda , Ma 29 3:30 m - 10:00 m Frida , Ma 30 3:30 m - 10:00 m Saturda , Ma 31 10:00 am - 11:00 m Sunda ,June 1 Noon - 9:00 m ;and, That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 9:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding a non-school day; and further, That the required licence be obtained prior to operating the Midway." 5. CRPS-A$-074 -REQUEST TO HOLD A FUN DAY AT FOREST HEIGHTS COMMUNITY CENTRE - 1700 QUEEN'S BOULEVARD -SEPTEMBER 20. 200$ The Committee considered Corporate Services Department report CRPS-08-074, dated May 6, 2008 concerning a request to sell refreshments at a special event. On motion by Councillor G. Lorentz - it was resolved: "That the request of the Forest Heights Community Centre to sell refreshments at 1700 Queen's Boulevard on September 20, 2008, be approved, provided the necessary licence, including Health and Fire approvals, is obtained." 6. CRPS-A$-075 -REQUEST TO HOLD A BBO AT CHANDLER MOWAT COMMUNITY CENTRE - 222 CHANDLER DRIVE -JULY 5, 200$ The Committee considered Corporate Services Department report CRPS-08-075, dated May 6, 2008 concerning a request to hold a barbecue and garage sale at the Chandler Mowat Community Centre. On motion by Councillor G. Lorentz - it was resolved: "That the request of Chandler Mowat Neighbourhood Association to hold a barbecue and garage sale at Chandler Mowat Community Centre, 222 Chandler Drive on July 5, 2008 be approved, provided the necessary licence, including Health and Fire approvals, is obtained." 7. CRPS-A$-061 -REVIEW OF CHAPTER 745 tGUNS) OF THE MUNICIPAL CODE The Committee considered Corporate Services Department report CRPS-08-061, dated April 24, 2008 concerning amendments to Chapter 745 (Guns) and 270 (Parks) of the Municipal Code. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12, 200$ - 79 - CITY OF KITCHENER 7. CRPS-0$-061 -REVIEW OF CHAPTER 745 tGUNS) OF THE MUNICIPAL CODE tCONT'D) Mr. S. Turner advised that staff have reviewed Chapter 745 (Guns) of the Municipal Code, focusing on possession of guns in public places. Staff propose the following amendments to the Chapter: revised definition of "guns" to include air-soft guns; consolidation of other provisions respecting guns from Chapter 270 (Parks); clarification of the exemption process and changes in process for receiving police commentary on granting of exemptions; and provision that no persons shall possess a gun in a public place unless it is contained in a case, container or pouch through which the gun is not visible; and unloaded. Mr. Turner suggested that the latter provides a reasonable balance between the rights of gun owners and public safety. Mayor C. Zehr raised concerns regarding the carrying of guns on private property, such as on a shopping centre parking lot; questioning if the carrying provision could be extended to private property in such circumstances. Mr. S. Turner agreed to seek legal advise in respect to this matter and report to the May 20, 2008 Council meeting. Councillor J. Gazzola questioned the need to enact such restrictions when Federal laws have jurisdiction over the right to carry a gun and the proposed restriction would only apply within the City boundaries. Mr. Turner advised that the proposed restriction is something the City can do to control the visibility of guns in public places and speaks to public safety. On motion by Councillor G. Lorentz - it was resolved: "That the draft by-law attached to Corporate Services Department report CRPS-08- 061, be enacted to repeal and replace Chapter 745 (Guns) of The City of Kitchener Municipal Code; and further, That the draft by-law attached to Corporate Services Department report CRPS-08-061, be enacted to amend Chapter 270 (Parks) of The City of Kitchener Municipal Code." 8. PRESENTATION -KITCHENER PUBLIC LIBRARY -CENTRAL LIBRARY PROPOSAL Council considered a report by the Kitchener Public Library (KPL), dated May 7, 2008 recommending that the $32.5 M earmarked from the Economic Development Investment Fund (EDIF) be allocated to the KPL's proposed renovation and expansion of the Main Library on its existing location to add 54,400 sq. ft. Mr. Dan Carli, Chair and Ms. Sonia Lewis, CEO -KPL, provided an overview of the proposal, advising that of three options KPL is recommending Option 3, consisting of a plan to renovate and add over 54,400 sq. ft. to the Main Library. The two alternatives are to renovate only or to renovate and add 30,000 sq. ft; with Options 2 and 3 adding to the back of the Library in the area now used as a parking lot. Mr. Carli advised that in all three options renovations would be substantial, improving the layout and providing design flexibility to accommodate future changes, refresh the interior, add space, provide capacity to support new technologies and introduce energy efficiency measures. He added that KPL's proposal is in keeping with the City's vision for the Civic District and KPL is working with its Civic District partners on a joint parking solution. The estimated range in capital costs for the three options, excluding parking, is $20 M to $43 M; parking costs add $6 M to Option 1 (existing rear lot to continue in use) and $8 M to Options 2 and 3. Mr. Carli advised that in addition to the City's requested allocation of $32.5 M, KPL will investigate alternative sources of revenue to cover the remaining project costs, including: senior government grant funding; partnerships in fundraising; and assistance from the City's Finance staff to determine means within the City's 10-Year Capital Forecast. It was noted that during the two-year construction period, KPL will incur temporary operating costs which could involve a phased construction with operations to continue within the existing building or use of temporary leased space. Operating costs during construction for the three options over a phased approach range from $1.6 M to $2.3 M; and $4.1 M if relocated to a temporary leased space. Mr. Carli noted that on completion of construction, impact of the three options to KPL's operating budget will range from $299,000. to $1.2 M, taking into account staffing, collections and building costs. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12.200$ - $0 - CITY OF KITCHENER 8. PRESENTATION -KITCHENER PUBLIC LIBRARY -CENTRAL LIBRARY PROPOSAL tCONT'D) Mr. Carli reviewed the public process undertaken for this project, including: a series of public presentations and information sessions, displays at all KPL locations and the Kitchener Market, a survey and on-line biog. Over 1,100 citizens participated in the process and of 507 respondents to the survey, 64% were in favour of Option 3 to renovate and add 54,400 sq. ft. He commented that a strong central library is critical in supporting smaller branch libraries and is a benefit to the community as a City-wide resource, providing support in skills development, literacy, new technologies and promotion of life-long learning. In response to questions from Councillor J. Gazzola, the delegation advised that the temporary operating costs are part of the overall construction costs; survey respondents were provided with detailed information on the project on KPL's website and displays were provided at all KPL branches; expanded services would include increased collections, more programming for adults and children; and improved accessibility. Minimum standards for accessibility will be met in all options, with Option 3 providing opportunity to exceed standards by providing more space to widen aisle widths and reduce the height of shelving. It was noted that demand for computer access is greater than what KPL can currently accommodate and while in-home access is increasing, it is anticipated that there will always be a percentage who cannot afford home access. Councillor Gazzola inquired as to the feasibility of storing collections at off-site locations and transferring them in as needed to free space. Ms. Lewis expressed the opinion that it would equate to a reduction in service levels, noting that most users are browsing for the most recent, popular publications and want immediate access. She added that such a model has not been examined and is not considered in the best interest of public demand for library services. Councillor Gazzola asked of Mr. Carli what he considered to be more important, an enhanced library or parking. Mr. Carli responded that primarily the focus is on improving the Main Library; however, parking is also an important component in providing good customer service. Councillor G. Lorentz agreed that until a change in mind-set regarding use of cars, together with an improved transit service is accomplished, parking remains an important component and asked what was envisioned for parking under Options 2 and 3. The delegation advised that a built structure on an adjacent property on the Ahrens Street side is proposed, either above or underground. It was noted that KPL will require 200 parking spaces, not including KPL staff, and that discussions for a long term joint plan with Civic District partners is only in the beginning stages. In response to Councillor K. Galloway, the delegation advised that the cost of Option 3 is approximately $56 M, with a possible range of ± 20%. In respect to the balance required, Mr. Carli advised that KPL wishes to work with City Finance staff to determine any means within the City's 10-Year Capital Forecast and will pursue partnership and fundraising, as well as grant funding from senior levels of government. It was noted that a detailed design has not yet been prepared but when completed will be provided to the Grand River Accessibility Advisory Committee for comment. Councillor Galloway raised concerns with allocating such a large sum to one facility, preferring Option 1 to renovate only and add additional branch libraries. Mr. Carli advised that the focus at this time is on the Main Library as it is in need of rejuvenation and expansion to support future growth and emerging technologies. Ms. Lewis added that plans for a new branch library in southwest Kitchener are slated in the City's Capital Forecast for 2015-2016 and expressed the opinion that it is not a question of either, or, but rather both are required. She added that there is minimal opportunity to expand collections and technological access in existing branch libraries and certainly not to the degree provided by Options 2 and 3. Mayor C. Zehr inquired as to the trend in North America towards smaller branches in municipalities as it relates to broadening access for the public. Ms. Lewis advised that models differ from community to community and basically two models are used; either a larger Main Library with smaller branches as in Kitchener, or, a smaller Main Library with larger branches as in Waterloo. She added that equally as important is a trend towards space itself as libraries have become a gathering place for public interaction and learning. Mayor Zehr asked for clarification of the expected maximum range among all options and a low of $22.2 M to a high of $64.5 M was projected, including construction costs and temporary operating costs based on relocation to a leased space. It was further noted that FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12.200$ - $1 - CITY OF KITCHENER 8. PRESENTATION -KITCHENER PUBLIC LIBRARY -CENTRAL LIBRARY PROPOSAL tCONT'D) KPL will strive to meet LEED Gold; aspects of which will be determined during the detailed design phase. The delegation was asked as to how confident KPL is in the estimates provided and responded that the consultant has provided a best and worse case scenario, and costs cannot be further refined until the detailed design phase is commenced. Councillor C. Weylie questioned when construction was to start and Mr. Carli advised that if all was approved, construction would start in 2009 and be completed over a 2-year period. Ms. Lewis added that KPL is aware that the EDIF funds are not slated until 2010, noting that at least 1-1.5 years work on design and tender specs is still to be completed prior to construction. Councillor Weylie raised concerns with KPL's ability to raise $5 M and questioned how they intend to finance the balance of the project. The delegation advised that senior government grants will be pursued, advising that while the majority of grants are given to smaller municipal libraries; grants have recently been received by Toronto and Ottawa libraries. Ms. Lewis advised that she could provide information to Council on the size of grants given. Councillor Weylie inquired if debenturing is an option and if so, how soon it could be done. Mr. D. Chapman expressed the opinion this was not an option given the City's Capital Investment Policy limits debt issuance and unless a business case demonstrating how KPL would pay back the funding the City is not in a position to do so. He suggested KPL has two options, the first to conduct a capital fundraising program and review with City staff the City's capital program to determine if there is available capacity; however, he cautioned that there is already significant demand on the City's capital program. Secondly, KPL can pursue senior government grant funding which would be evaluated based on programming and prioritization. Councillor B. Vrbanovic raised concerns with the inclusion of parking in the proposal, as it was his opinion it is a broader community issue that should be dealt with separately and has significant impact on the library project. He referred to the City's practice of applying automatic inflationary increases to funding for capital projects and raised concerns that this has not taken place in respect to the $32.5 M in EDIF. Mr. D. Chapman advised that under normal circumstances inflationary provision is applied to capital projects in the Capital Forecast; however, the EDIF funding is a notional allocation not as yet tied to a specific capital project, with the funds earmarked for 2010-2012. Councillor Vrbanovic referred to KPL's model in respect to branch libraries, suggesting that it is not any simpler to use a model of a smaller Main Library and more branch libraries as both models have associated operating costs. Mr. Carli noted that KPL's model has been used successfully for the past 36 years and includes a standard size for branch libraries of between 7,000 to 14,000 sq. ft.; and branch libraries are strategically located throughout the City. Ms. Lewis added that KPL's model is similar to that of the Cities of Cambridge, Oakville and Hamilton having established a central Main Library early on and developing branch units in response to growth demands. Mr. Don Bourgeois and Mr. Alf Bogusky, Civic District Working Group, spoke in favour of KPL's preferred option, expressing the opinion expansion of the Main Library is critical to improving and enhancing the Civic District and that parking is an essential component to be addressed. The delegation expressed the importance of getting it right the first time and the need for a full range of services to accommodate existing and future needs of the community. Ms. Meg Crawford, resident, spoke in support of KPL's renovation /expansion plans, commenting that as a user of the facility the lives of her and her children have been significantly enhanced. Mr. Rych Mills, President, Waterloo Historical Society, noted that the Society's mandate is to preserve and protect collections on the history of the community. He advised that the Society's collection is housed in varying locations within the Main Library and a large part of the collection is not in a proper climate controlled environment. He supported Option 3 as the best opportunity for continued growth and crucial to ensure historical collections of the Society are not lost through the lack of space or proper environment. Mr. Mills presented Council with a copy of the latest volume of the Society's annual publication. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12.200$ - $2 - CITY OF KITCHENER 8. PRESENTATION -KITCHENER PUBLIC LIBRARY -CENTRAL LIBRARY PROPOSAL tCONT'D) Mr. Zyg Janecki, resident, commented that the existing Main Library is a good example of 1960's architecture and is in need of renovation to preserve its heritage attributes. He stated that he could support Option 3 in principle, subject to further investigation and clarification of parking costs. Mayor Zehr questioned if Mr. Janecki would agree that whether parking is included in KPL's proposal or dealt with separately, it is still an issue and would still require funding. Mr. Janecki advised that his concerns relate to how KPL will raise the additional funding, noting that it is not in the Capital Forecast and should be investigated further to determine how it is to be addressed. In response to Mayor Zehr, Mr. Janecki advised that he supports Option 3 as the best alternative and somehow regardless of cost, should be funded. Councillor Vrbanovic circulated this date, 115 completed post cards generated by KPL in respect to support of their project. Councillor Gazzola asked that the request for allocation of the $32.5 M from EDIF in the first paragraph of the recommendation contained in KPL's report be voted on separately. He stated that notwithstanding Option 3 may be the best alternative, he could not support a 54,400 sq. ft. expansion without knowing how it would be funded and suggested that the goal should be to live within an affordable means. Councillor Gazzola agreed that parking should also be further discussed among all partners, expressing desire for establishment of a self- sustaining City parking enterprise. He stated that he would like information on how KPL might afford Options 2 and 3, together with additional information on the issue of parking. Councillor Vrbanovic suggested that the recommendation be put forward consisting firstly of the allocation of the $32.5 M and secondly, with direction to KPL to work with City staff on bringing back a report in September 2008 outlining a financial plan for Options 2 and 3 and including additional investigation on the issue of parking. Paragraph 3 of KPL's recommendation concerning proceeding with the next stage of the project would then be held in abeyance pending the report to come forward in September. Mayor C. Zehr agreed with the suggested approach, commenting that it would be appropriate to formally indicate to the Board that the $32.5 M from EDIF is available. He also agreed that it would not be appropriate to proceed with approval of the next stage until the financing is known and in asking for financial information on both Options 2 and 3 provides flexibility. He maintained that parking is a separate issue, but related and regardless of how dealt with, it will still require funding. Mayor Zehr referred to Council's decision in 2006 to pause and re- evaluate the Library project at which time there was unanimous agreement to move toward an improved and enhanced central library system. He stated that the proposed recommendation supports that direction and clearly indicates to the public a move in that direction with the only question that of determining the ultimate option. Councillor K. Galloway spoke in favour of allocating the $32.5 M from EDIF toward Option 1 (renovate only) as she could not support spending up to $64.5 M on one facility when the dollars could be spent toward building more branch libraries. She expressed the opinion that the Main Library could be enhanced within Option 1, utilizing existing space and suggested that KPL revisit standard sizing of branch libraries. Councillor G. Lorentz and J. Smola spoke in support of the suggested approach, commenting on the importance of having clear understanding of all aspects, including financing and parking and the importance of a strong central library to support branch facilities. At the request of Councillor C. Weylie, it was agreed to include wording in the first paragraph to provide that the $32.5 M is to be allocated toward renovation and expansion of the Main Library on its current location. Councillor B. Vrbanovic commented that financing is a concern given the library has essentially one source of funding, being the tax base and is not legally permitted to generate other funding except through fundraising or donations. He agreed that parking is important and regardless of how dealt with should be funded; however, it was his opinion the issue of FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12, 200$ - $3 - CITY OF KITCHENER 8. PRESENTATION -KITCHENER PUBLIC LIBRARY -CENTRAL LIBRARY PROPOSAL tCONT'D) parking should remain separate from the library project. The following motion was voted on in three separate parts by recorded votes with paragraphs 1 and 3 Carried Unanimously and paragraph 2 Carried, with Mayor C. Zehr and Councillors J. Gazzola, G. Lorentz, J. Smola, B. Vrbanovic and C. Weylie voting in favour and Councillor K. Galloway voting in opposition. On motion by Councillor J. Gazzola - it was resolved: "That Kitchener City Council allocate the $32.5 M previously earmarked from the Economic Development Investment Fund towards funding the Kitchener Public Library's (KPL) renovation and expansion of the existing Main Library on its current location (85 Queen Street North); and, That Kitchener City Council direct KPL staff to work with City Finance staff to bring back a report in September 2008 outlining a financial plan for funding Options 2 and 3, as outlined in KPL's report dated May 12, 2008; and further, That Kitchener City Council direct KPL staff to continue to work on a joint parking solution with City staff and other organizations located in the Civic District area." 9. CRPS-A$-062 -AMENDMENT TO CHAPTER 40$ (ANIMALS) - REGULATING THE KEEPING OF CATS The Committee considered Corporate Services Department report CRPS-08-062, dated May 7, 2008 concerning an amendment to Chapter 408 (Animals) of the Municipal Code to regulate the keeping of cats. Mr. S. Turner advised that two public meetings were held, firstly with interested stakeholders (persons who rescue, care for and adopt out stray cats) and secondly, with the general population. He advised that many who attended the first session also attended the second session resulting in input received being essentially the same. The primary concern derived from public input was the issue of the need for accessible and affordable spay/neuter programs to address issues of over-population of cats. A staff working group was formed to review the input received, as well as approaches taken in other municipalities. The review brought about a change in approach, wherein it is proposed to focus on problems experienced by an accumulation of cats on a single property rather than on limiting the number of cats. Mr. Turner highlighted proposed amendments to c.408 (Animals) of the Municipal Code, including: prohibiting the keeping of cats in such a way as to adversely impact a neighbouring property or to adversely impact the health of the cat; provide for an Order to be issued if deemed appropriate to require the removal of some or all cats if the adverse impacts are not rectified; and, provide for an avenue of appeal in the event an Order is issued. The effect is to place responsibility on the cat owner and what is acceptable in terms of measures to eliminate the problems as determined on a case-by-case basis. Mr. Turner added that staff is also recommending further investigation of the issue of spay/neuter programs with a subsequent report to come forward at a later date. At the request of Councillor C. Weylie, Mr. S. Turner agreed to look further at the issue of those who feed stray cats but do not assume ownership of the cats. Councillor K. Galloway raised concerns with how determination will be made in respect to the appropriateness of issuing an Order. Mr. Turner stated that while it is subjective, it is no different than the judgement calls By-law Enforcement Officers currently make in their daily functions. He added that problems will be addressed on a complaint basis, with inspections undertaken and may also involve consultation with staff of the Humane Society before a decision is made. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12, 200$ - $4 - CITY OF KITCHENER 9. CRPS-0$-062 -AMENDMENT TO CHAPTER 40$ (ANIMALS) - REGULATING THE KEEPING OF CATS tCONT'D) Councillor J. Gazzola inquired if the stakeholders had been given opportunity to see what staff is recommending. Mr. Turner advised that the information was provided to all those who provided contact information at the public meetings and several from both sides of the issue were in attendance this date. Ms. Ziggy Isaak, cat rescuer, stated that she had not been provided with any information respecting staff's recommendations this date and was under the assumption a limit on the number of cats was still being proposed. She advised that she could agree with most of the recommendations but was of the opinion the real concern was over-population of cats and irresponsible cat owners. She advocated for an affordable and accessible spay/neuter program to address over-population and extended her willingness to co-operate with all parties involved. Mr. S. Turner addressed the issue of informing stakeholders, advising that the information was hand delivered to those who had provided their contact information at the public sessions and it was his understanding from the By-law Enforcement Officer that he had encountered Ms. Isaak on her property on the day of delivery and had personally given the information to her at that time. He suggested that Ms. Isaak may be referring to a draft by-law which in fact was not circulated as it has yet to be prepared; however, the information delivered did outline details of the proposed amendments to the by-law. Mr. Turner added that the by-law will come forward to Council at a subsequent meeting, perhaps as early as May 20, 2008. Dr. Mary Dart, cat rescuer, expressed appreciation that staff have redirected the focus from limiting the number of cats toward a reliable, fair method to adjudicate disputes between neighbours. She also advocated for an affordable and accessible spay/neuter program to address the underlying problem of over-population of cats. She asked that whomever is investigating disputes enter from a neutral position and have good mediation skills. Mr. Mike David, resident, advised that he remained in favour of a limit on the number of cats. He stated that while he agrees with the necessity of cat rescuers such operations should be required to meet certain standards and be operated in collaboration with community involvement. He commented that having experienced adverse implications of a neighbouring cat rescue operation, he considered this a first step toward a resolution and hoped that homeowner's rights would be respected as well as that of the cat rescuer. In response to questions, Mr. David stated that he had concerns with the arbitrary aspect of the proposed approach, preferring a limit on the number of cats, but was satisfied that this was a good starting point. Councillor J. Smola spoke in support of the staff recommendation, commenting that it is a good compromise that provides a balance between the rights of all concerned, as well as an avenue of appeal. Mayor C. Zehr requested that when the by-law comes forward for adoption, that staff address the issue raised by Councillor Weylie with respect to those who feed stray cats but do not take responsibility for their ownership. On motion by Councillor J. Smola - it was resolved: "That a by-law be enacted to amend Chapter 408 (Animals) of the City of Kitchener Municipal Code to regulate the keeping of cats and to prohibit the keeping of cats on any property from creating an adverse impact on neighbouring properties, as outlined in Corporate Services Department report CRPS-08-062; and further, That staff be directed to report on the issue of spay and neuter programs for cats, as was identified during the public consultation process." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12, 200$ - $5 - CITY OF KITCHENER 10. CAO-0$-011 -AMENDMENT TO HUMAN RESOURCES POLICY 11-265 (SICK LEAVE & WORKPLACE SAFETY AND INSURANCE BOARD) - PROVISIONS FOR FAMILY MEDICAL LEAVE The Committee considered Chief Administrator's Office report CAO-08-011, dated 2008 concerning amendments to Human Resources Policy II-265 (Sick Leave & Workplace Safety and Insurance Board) and Sick Leave By-laws to make provision for family medical leave. Mr. D. Paterson advised that at present the City's Sick Leave Policy applies only to the illness or injury of an employee. He stated that through various venues there have been numerous requests for the City to amend the definition of sickness, with the most compelling reason, to provide ability for an employee to use sick leave days to attend to the illness of a family member. The proposed amendment would permit an employee to use up to 5 sick leave days per calendar year in support of an illness of a family member. Mr. Paterson added that staff has taken opportunity through this review to update the City's two Sick Leave By-laws with changes previously approved by Council, including: elimination of the sick leave gratuity for all staff, except members of the Kitchener Professional Firefighters Association; a revised definition of retirement; and minor housekeeping revisions. Mr. Paterson advised that the proposed changes have been circulated to all bargaining units to ensure their support. Mr. Paterson clarified that employees are permitted 18 days sick leave per calendar year, of which they would be permitted to use up to 5 days in support of an illness of a family member. Councillor J. Gazzola raised concerns with including "parents" in the definition of what constitutes a family member in these circumstances. Mr. Paterson advised that "parents" has been included in the definition to address the growing reality of children ultimately assuming care of their aging parents. On motion by Councillor K. Galloway - it was resolved: "That Human Resources Policy 11-265 (Sick Leave and Workplace Safety & Insurance Board), be amended to make provision for Family Medical Leave, as attached to Chief Administrator's Office report CAO-08-011, and the necessary changes be made to the City's Sick Leave By-laws." 11. CSD-0$-039 - 200$ WINTER MAINTENANCE AND POTHOLE EXPENDITURES The Committee considered Community Services Department report CSD-08-039, dated May 6, 2008 in which an update on winter maintenance and pothole expenditures is provided. Mr. J. Witmer advised that the winter of 2007-2008 was more severe compared to winters experienced in recent years resulting in the Operations Division taxed beyond limits of normal winter maintenance activities and encountering budget over-runs. He added that the effect of several freeze/thaw cycles also resulted in a proliferation of potholes City-wide. Mr. Witmer outlined winter maintenance activities to date, advising that in the first three months of 2008, seven full plows were required at an average expenditure of $220,000. per storm. Contractors were required to address snow-loading workload, cul-de-sac plowing and rutted streets at various times at a cost of approximately $130,000. in 2008. It was noted that typical winters allow Operations to apply substantial resources to address potholes; however, the severity of the past winter did not allow resources to be re-deployed limiting the positive effect on potholes normally achieved. Mr. Witmer advised that the 2008 winter maintenance budget is approximately $3,728,000. with expenditures to date already in excess at $3,770,000. Based on historical trends for winter maintenance during the months of September through December, staff has identified a potential over-expenditure of the 2008 winter maintenance budget of approximately $1,179,000. The road repair budget, however, is expected to be sufficient for 2008 with no substantial over-runs required to address the pothole issue. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MAY 12, 200$ - $6 - CITY OF KITCHENER 11. CSD-0$-039 - 200$ WINTER MAINTENANCE AND POTHOLE EXPENDITURES tCONT'D) Mr. Witmer and Mr. S. Berry responded to questions, advising that while snowfalls may not occur until November, preparation of Fleet vehicles begins in September to make ready for the impending season; and while past winters have not been as severe, full plows have been known to take place in the month of December. 12. FIN-0$-050 -WINTER CONTROL DEFICIT MITIGATION OPTIONS The Committee considered Financial Services Department report FIN-08-050, dated May 2, 2008 concerning options to mitigate the projected deficit in the 2008 winter maintenance budget. Mr. D. Chapman provided options for mitigation of the projected $1.2 M deficit for winter maintenance in 2008, including: a transfer from the tax stabilization reserve fund; a one time property tax levy increase; and net expense reductions as outlined in Appendix "B" to report FIN-08-050. Mr. Chapman drew attention to Appendix "B" (net expense reductions) as it relates to the transfer of funds from the Hydro capital investment reserve fund to the City's tax supported operating budget. Mr. Chapman pointed out that the 2008 dividend payment from Hydro exceeded projections by approximately $400,000. and it is proposed that the additional dividend be transferred to the operating budget for deficit reduction. Mayor C. Zehr raised concerns with the proposal within the net expense reductions to reduce service levels related to grass cutting as this has already been identified by Council as a problematic issue within the community and is one of the most visible services. Mr. S. Berry advised that grass growth has not yet really begun in earnest with the main issue at this time addressing weed control. Mr. Witmer suggested that staff monitor the situation with the intent not to reduce levels to a point of public contention. Mayor Zehr remained opposed to any service reduction in this area and Mr. D. Chapman pointed out that the amount applied to the service reduction was not in the over all scheme significant; suggesting that it could be removed. Mr. Chapman added that additional assessment of the need to take further mitigating measures is still to take place and will be addressed as part of the May Interim Financial Statement report coming forward in June. He advised that if the impact of removing the grass cutting service reduction requires additional measures to be taken, staff will seek direction from Council at that time. On motion by Mayor C. Zehr - it was resolved: "That the projected 2008 winter control deficit of $1.2 M be mitigated in part by the temporary net expense reductions, as outlined in Appendix B to Financial Services Department report FIN-08-050, amounting to $1.0 M, except service reduction related to grass cutting; and further, That the May Interim Financial Statement report (June 16, 2008) include a recommendation with respect to how any remaining projected City-wide deficit should be mitigated." 13. ADJOURNMENT On motion, the meeting adjourned at 4:55 p.m. Janet Billett, AMCT Committee Administrator