HomeMy WebLinkAboutFin & Corp Svcs - 2008-05-26FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
MAY 26, 200$ CITY OF KITCHENER
The Finance and Corporate Services Committee met this date, commencing at 1:05 p.m.
Present: Councillor B. Vrbanovic, Chair
Mayor C. Zehr and Councillors J. Gazzola, G. Lorentz, J. Smola, K. Galloway and C.
Weylie.
Staff: P. Houston, General Manager, Community Services
D. Chapman, General Manager, Financial Services & City Treasurer
T. Becket, Fire Chief
R. Regier, Executive Director of Economic Development
R. Gosse, Director of Legislated Services
S. Turner, Director of By-law Enforcement
M. Selling, Director of Building
D. Miller, Director of Fleet
J. Sheryer, Assistant City Solicitor
P. Harris, Manager of Licensing
K. Carmichael, Supervisor of Traffic & Parking
C. Bluhm, Urban Investment Advisor
C. Goodeve, Committee Administrator
1. CRPS-0$-0$3 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE
BOBBY O'BRIENS IRISH PUB
The Committee considered Corporate Services Department report CRPS-08-083, dated May
20, 2008 concerning a request for a noise exemption.
On motion by Councillor G. Lorentz -
it was resolved:
"That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to Bobby O'Brien's, 125 King Street West, Kitchener for each Wednesday
evening between the hours of 7:00 P.M. and 11:00 P.M., from May 28 to October 15,
2008, for a Blues band, playing on their patio area."
2. DTS-0$-075 -AUTOMATED STAFFING SOFTWARE PURCHASE
The Committee considered Development and Technical Services Department report DTS-08-
075, dated May 6, 2008 regarding the purchase of an automated staffing and notification
software program.
On motion by Councillor G. Lorentz -
it was resolved:
"That the purchase of Telestaff Enterprise Automated Staffing and Notification
Software Program be approved from a single source provider, being: Principal
Decision Systems International (PDSI)."
3. CRPS-0$-071 -RIGHT OF ENTRY BY-LAW - 5 & 7 ROSE STREET
The Committee considered Corporate Services Department report CRPS-08-071, dated April
30, 2008 regarding a right of entry by-law for 5 and 7 Rose Street.
Mr. S. Turner advised that the house located at 5 Rose Street is situated approximately 9
inches from the property line and in order to perform necessary property maintenance, the
owners of 5 Rose Street need to enter the neighbouring property at 7 Rose Street. He stated
that in their efforts to obtain consent to access the neighbouring property, the owners have
attempted to speak and correspond with their neighbour, worked with a Waterloo Regional
Police Services Community Resource Officer and sought private legal advice. He added that
City staff are of the opinion that the owners have exhausted all possible avenues of seeking
their neighbour's consent and pursuant to Section 132 of the Municipal Act, 2001 request that
a by-law be enacted to permit the owners right of entry onto 7 Rose Street, for the purposes
of undertaking necessary repairs to their building located at 5 Rose Street.
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
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3. CRPS-0$-071 -RIGHT OF ENTRY BY-LAW - 5 & 7 ROSE STREET tCONT'D)
In response to questions, Mr. S. Turner advised that in the mid-1990s the City of Toronto
enacted a comparable city-wide by-law to allow for ongoing maintenance for properties with
similar setback issues. Ms. J. Sheryer noted that the proposed by-law would allow the
owners of 5 Rose Street to undertake ongoing maintenance within the confines of an
agreement that would sets out certain requirements for exercising such a right of entry. She
added that if at anytime it is found that this right of entry has been misused, the City has the
ability to repeal the proposed by-law.
On motion by Mayor C. Zehr -
it was resolved:
"That the draft by-law attached to Corporate Services Department report CRPS-08-
071, be enacted to permit a right of entry onto 7 Rose Street, Kitchener for the
purposes of undertaking necessary repairs to the building located at 5 Rose Street;
and further,
That the Mayor and Clerk be authorized to execute an agreement, subject to the
satisfaction of the City Solicitor, with the owners of 5 Rose Street respecting their
obligations to the City and the owners /occupants of 7 Rose Street while exercising
their right of entry to that property."
4. FIN-0$-049 -ISO 14001 CERTIFICATION UPDATE -FLEET DIVISION
The Committee considered Financial Services Department report FIN-08-049, dated May 20,
2008 regarding the Fleet Division's ISO 14001 Certification. In addition, the Committee was
in receipt of a copy of a presentation entitled "City of Kitchener -Fleet Division ISO 14001
Environmental Management System (EMS) Status and Report", dated May 26, 2008.
Mr. Barry Mooney, Management Consultant advised that an aggressive deadline of April 22,
2008 (Earth Day) was set for attaining ISO 14001 Certification. He stated that ISO 14001 is
an internationally accepted standard that sets out how a corporation can go about putting in
place an effective EMS. The systematic approach to ISO 14001 Certification requires an
organization to examine all areas where its activities have an environmental impact. He
added that upon completion of a review of management practices and processes by the
British Standards Institute (BSI) Management Systems Canada, ISO 14001 Certification was
granted to the City in April 2008. He noted that the annual surveillance audit has been
scheduled for April 1, 2009, adding that recertification is required every 3 years.
In response to questions, Mr. B. Mooney advised that certification means that the Fleet
Division has identified aspects of its operations that have an impact on the environment and
have an understanding of all relevant environmental laws. He added that during the analysis
of the existing EMS, 3 issues of non-conformity were identified, being: out of date Material
Safety Data Sheets (MSDS); a waste oil drum with a missing label; and, Hazardous Waste
Information Network (HWIN) documents which appeared to be improperly filed. He noted
that with regard to the HWIN documents, when the audit was conducted the staff person
responsible for filing those documents was absent; however, when this matter was
investigated further it turned out that the documents were filed correctly. He stressed that the
identified issues of non-conformity are very minor in nature and pale in comparison to the
numerous environmental management measures that have been implemented by the City.
He commented that he has been assisting companies in obtaining this kind of certification for
over 16 years, noting that with regard to environmental management programs and initiatives
Kitchener is one of the top 5 corporations he has worked with.
Mr. D. Miller advised that $75,000. was budgeted for this project, noting that at present
$65,000. has been expended, which includes $5,000. for next years annual surveillance
audit. He stated that ISO 14001 Certification demonstrates the City's commitment to
achieving legal and regulatory compliance and to continually improve its EMS. He added that
it also allows staff to better manage environmental risks and potentially produce savings in
consumption of energy and materials.
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4. FIN-0$-049 -ISO 14001 CERTIFICATION UPDATE -FLEET DIVISION tCONT'D)
On motion by Councillor G. Lorentz -
it was resolved:
"That staff be directed to investigate operating areas outside of the Fleet Division that
could be feasibly included in the ISO-14001 Environmental Management System."
5. CRPS-0$-0$7 -AMENDMENTS TO CHAPTER 50$ OF THE MUNICIPAL CODE
- ALTERNATIVE MASSAGE CENTRES
The Committee considered Corporate Services Department report CRPS-08-087, dated May
16, 2008 regarding a draft by-law to amend Chapter 508 (Alternative Massage Centres) of the
City of Kitchener Municipal Code. In addition, the Committee was in receipt this date of
correspondence from Mr. Don Reid, Vice Chair, Reflexology Registration Council of Ontario
(RRCO).
Ms. P. Harris advised that on February 25, 2008 Council repealed and replaced Chapter 508
and since that time, staff have discovered several areas in which the by-law could be further
improved. She reviewed the proposed by-law amendments, as attached to report CRPS-08-
087, which she noted was circulated to all operators of alternative massage parlours. She
advised that regarding Section 508.2.18, it has been brought to staff's attention that the
attendants at complementary health care centres need to perform alternative massages on
other attendants for the purpose of maintaining their credentials. Accordingly, staff are
prepared to amend that Section to permit that activity for that purpose, when no patrons are
present. In addition, concerns over Section 508.3.5(b) have been raised with staff regarding
the removal of records for the purpose of making copies or extracts. She noted that staff are
also prepared to amend this Section to only provide for the inspection of documents or things
relevant to the inspection. Ms. Harris stated that some alternative massage practitioners
have objected to the provision in Chapter 508 prescribing their hours of operation as being
between 9:00 a.m. and 8:00 p.m. She noted that staff are of the opinion that the set hours of
operation are reasonable and should not be amended at this time.
Ms. Niki Klein, Academy of Holistic Modalities and member of the RRCO addressed the
Committee on behalf of herself and Mr. Don Reid. She stated that the RRCO participated in
the original creation of the City's Alternative Massage Centres By-law, which included several
meetings with stakeholders over the course of 5 years. She noted that the RRCO was not
made aware of the proposed changes, nor the other amendments approved in February
2008. She advised that it is understood that the sprit and intention of the proposed
amendments are directed toward improving enforcement of adult entertainment services and
not wellness services; however, holistic practitioners will nonetheless be impacted by these
changes. She raised concerns regarding the hours of operation provision, noting that most
reflexology practitioners are sole proprietors that operate part-time business hours and do not
employ staff. Accordingly, their hours of operation need to be flexible to meet the needs of
their clientele. In addition, she expressed concern regarding Section 508.3.5 indicating that it
is a violation of a person's right to privacy to have their health records inspected or seized.
Ms. Klein stated that the RRCO requests an opportunity to participate in a review of the by-
law to establish qualifying criteria for professional holistic associations so that the cost of
enforcement is not being passed onto legitimate holistic practitioners.
In response to questions, Ms. N. Klein advised that the amendments proposed by staff this
date do provide an added level of comfort to her, noting that she still has concerns with the
provisions governing the inspection of health records and hours of operation. She added that
as the RRCO is not regulated by the Province, its members are not exempt from the
provisions of Chapter 508.
Mayor C. Zehr requested clarification of the type of business to which the by-law would apply.
Ms. P. Harris advised that registered massage therapists are exempt from the by-law and are
not licensed by the City as they are regulated at the Provincial level. Complementary Health
Centres who provide holistic massage services registered with a recognized association, such
as the RRCO, are exempt from the licence fee but are required to meet all other requirements
of the by-law. The remainder of holistic massage therapists, not governed by the Province or
registered with a recognized association, are required to obtain a licence from the City and
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
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5. CRPS-0$-0$7 -AMENDMENTS TO CHAPTER 50$ OF THE MUNICIPAL CODE
- ALTERNATIVE MASSAGE CENTRES tCONT'D)
meet all other requirements of the by-law. Mr. R. Gosse added that unfortunately the
Municipal Act, 2001, does not provide any middle ground regarding these types of
establishments. He noted that the Act indicates that every business providing these types of
services that are not regulated by the Government of Ontario are considered adult
entertainment establishments.
Mayor C. Zehr acknowledged the difficulty faced by wellness service providers and suggested
that staff consider the circumstances and use discretion prior to laying a charge.
On motion by Mayor C. Zehr -
it was resolved:
"That the draft by-law attached to Corporate Services Department report CRPS-08-
087, be enacted to amend Chapter 508 (Alternative Massage Centres) of the City of
Kitchener Municipal Code, subject to the inclusion of the following revised sections:
`508.2.18
(2) Section 508.2.18(1) shall not apply where an attendant in a complementary
health care centre performs alternative massage on another attendant for the
purpose of maintaining credentials with a complementary health care organization
when no patrons are present.
-and-
508.3.5
(b) inspect documents or things relevant to the inspection."'
6. CRPS-0$-0$6 -CANCELLING LICENSING TRIBUNALS
The Committee considered Corporate Services Department report CRPS-08-086, dated May
14, 2008 regarding the cancelation of several scheduled licensing tribunals.
On motion by Mayor C. Zehr -
it was resolved:
"That notwithstanding Council's resolutions of June 25, 2007 and February 4, 2008
directing that business license hearings be held for the following business:
Artouch - 53 Madison Avenue North, Licence #20 07 000200 00 L6
Body & Soul - 91 Queen Street South, Licence #20 07 001662 00 L6
Ma Belle - 37 Bruce Street, Licence #20 07 000144 00 L6
Oriental Pearl Health Spa - 778 King Street East, Licence #20 07 000091 00 L6
WL Wellness Centre - 2934 King Street East, Licence #20 07 000361 00 L6
Ruby's Massage Studio -1412 Victoria Street North, Licence #20 07 000397 00 L6
Phoenix Massage - 2271 Kingsway Drive, Licence #20 07 000885 00 L6
Relaxing Oriental Spa - 100 Victoria Street North;
Council hereby directs that those hearings not proceed at this time."
7. DTS-0$-092 -DOWNTOWN PARKING PETITION
The Committee considered Development and Technical Services Department report DTS-08-
092, dated May 16, 2008 regarding a petition requesting the provision of free parking at all
City facilities in the Downtown.
Mr. K. Carmichael advised that at the May 5, 2008 Council meeting a parking petition was
presented requesting that the City provide free parking at all City owned Downtown parking
facilities after 3:00 p.m., Monday to Friday, along with free parking all day Saturday and
Sunday. Accordingly, staff were requested to further investigate this matter and to consult
with the Kitchener Downtown Business Association (KDBA). He advised that as a result of
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
MAY 26, 200$ - 91 - CITY OF KITCHENER
7. DTS-0$-092 -DOWNTOWN PARKING PETITION tCONT'D)
that investigation, staff are proposing that consideration of the petition be referred to the
Downtown Parking Strategy process, being undertaken in conjunction with the development
of the Transportation Demand Management program.
Councillor J. Smola advised that the KDBA intend to meet with Downtown businesses in the
near future to obtain a better idea of what issues exist around parking, and have expressed
an interest in working with the City on the Downtown Parking Strategy. He suggested that the
staff recommendation be amended to include a provision requesting that the KDBA continue
to be consulted regarding this matter.
On motion by Councillor J. Smola -
it was resolved:
"That consideration of the Downtown Parking Petition received at the May 5, 2008
Council meeting, be referred to the Downtown Parking Strategy process, being
undertaken in conjunction with the development of the Transportation Demand
Management program; and further,
That staff be directed to continue to consult with the Kitchener Downtown Business
Association (KDBA) regarding this matter."
8. CRPS-0$-0$4 - BY-LAW TO REPEAL AND REPLACE BY-LAW NO. $$-172 TO
REGULATE PARKING SPACES FOR PERSONS WITH DISABILITIES
The Committee considered Corporate Services Department report CRPS-08-084, dated May
21, 2008 regarding a by-law to repeal and replace By-law No. 88-172, being a by-law to
regulate parking spaces for persons with disabilities.
Mr. S. Turner advised that staff have determined that it is necessary to update By-law No. 88-
172 in order to enhance the City's enforcement capabilities. He added that for the most part,
the fundamentals of the existing by-law will be carried forward. Spaces which are properly
designated remain reserved for the exclusive use of vehicles that display a permit issued by
the Province. He noted that staff presented a draft of the updated by-law to the Grand River
Accessibility Advisory Committee (GRAAC), who expressed support of the proposed
amendments.
In response to questions, Mr. S. Turner advised that if a designated space was needed to be
used for some other legitimate purpose, then staff would examine the property's site plan to
ensure that an alternative space can be provided pursuant to the prescribed parking
requirements for that property. He added that in these kinds of instances, Special Events
staff have traditionally coordinated the provision of alternative spaces designated for persons
with disabilities.
On motion by Councillor K. Galloway -
it was resolved:
"That the draft by-law attached to Corporate Services Department report CRPS-08-
084, be enacted to repeal and replace By-law 88-172 (being a by-law to regulate
parking spaces for persons with disabilities)."
9. FIN-0$-076- ASSET ACCOUNTING POLICY
The Committee considered Financial Services Department report FIN-08-076, dated May 16,
2008 regarding draft asset accounting policies designed to ensure compliance with the Public
Sector Accounting Board (PSAB) 3150 standard, which requires all municipalities to account
for tangible capital assets in their financial statements for fiscal years beginning on or after
January 1, 2009.
Mr. D. Chapman provided an overview of the draft policies, as attached to report FIN-08-076.
He advised that given the newness of the accounting standard, it is necessary for the City to
develop 2 policies, one relating to the initial data collection and transition from current
FINANCE & CORPORATE SERVICES COMMITTEE MINUTES
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9. FIN-0$-076- ASSET ACCOUNTING POLICY tCONT'D)
practices, as well as another policy to regulate the processes to be used for ongoing capital
asset accounting. He stated that the policies are based on best practices and experience of
other municipalities who have already implemented the standard. He added that the City's
external auditors, KPMG LLP, have reviewed the policies and noted that ultimately, capital
asset accounting would help the City to better manage its many physical assets.
On motion by Councillor C. Weylie -
it was resolved:
"That the draft Council policies attached to Financial Services Department report FIN-
08-076 concerning the Public Sector Accounting Board (PSAB) `Tangible Capital
Asset' requirements, be approved."
10. CRPS-0$-0$9 -SPAY AND NEUTER PROGRAMS FOR CATS
The Committee considered Corporate Services Department report CRPS-08-089, dated May
21, 2008 regarding the initiation of a review of possible options for an affordable and
accessible spay and neuter program for cats.
On motion by Councillor J. Smola -
it was resolved:
"That staff be directed to prepare a report outlining possible options to promote spay
and neuter programs for cats and report back to the Finance and Corporate Services
Committee by January 2009."
11. CAO-0$-013 -URBAN DEVELOPMENT AGREEMENT
The Committee considered Chief Administrator's Office report CAO-08-013, dated May 21,
2008 regarding the potential application of the Urban Development Agreement (UDA) model
to help coordinate and accelerate the re-urbanization and economic development process in
Downtown Kitchener.
Mr. C. Bluhm advised that UDAs have the potential to improve the ability of the City, Region,
Provincial and Federal governments to achieve mutually agreed upon public policy objectives.
He stated that a UDA among all levels of government would help harness resources to
advance and achieve the objectives of the City's economic development strategy. He added
that UDAs have been undertaken by several cities in western Canada, noting that in some
cases they have been used to leverage considerable private sector funding. He pointed out
that UDAs allow for funding and services to be aligned so that citizens can get the best
possible value for investment.
In response to questions, Mr. R. Regier advised that although Kitchener's approach to re-
urbanization is well aligned with Regional and Provincial policies, programs and growth plans;
support by senior levels of government up to this point has been facilitated on an ad hoc
basis. He noted that a UDA would provide the Federal government with an opportunity to
participate in the further development of Waterloo Region's knowledge economy.
Mayor C. Zehr expressed support for this initiative and noted that the issue of Federal
government involvement at the municipal level is an item for discussion at the next Federation
of Canadian Municipalities meeting.
On motion by Councillor C. Weylie -
it was resolved:
"That Economic Development staff be directed to engage in discussions with the
Regional Municipality of Waterloo, the Province of Ontario and the Federal
government regarding the potential application of the Urban Development Agreement
model to assist with coordinating and accelerating the re-urbanization and economic
development process in Downtown Kitchener."
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12. ADJOURNMENT
On motion, the meeting adjourned at 2:38 p.m.
Colin Goodeve
Committee Administrator