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HomeMy WebLinkAboutFin & Corp Svcs - 2009-03-30FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 30, 2009 CITY OF KITCHENER The Finance and Corporate Services Committee met in special session this date commencing at 1:05 p.m. Present: Councillor B. Vrbanovic -Chair Mayor C. Zehr and Councillors, K. Galloway and C. Weylie. Councillors J. Smola, G. Lorentz and J. Gazzola were in attendance for part of the meeting. Staff: C. Ladd, Chief Administrative Officer D. Chapman, General Manager, Financial Services & City Treasurer P. Houston, General Manager, Community Services T. Speck, General Manager, Corporate Services J. Willmer, Interim General Manager, Development & Technical Services R. Regier, Executive Director, Economic Development H. Gross, Director, Project Administration & Economic Investment S. Adams, Director, Community & Corporate Planning S. Turner, Director, By-law Enforcement A. Pinard, Interim Director of Planning C. Fletcher, Director, Facilities Management J. Sheryer, Assistant City Solicitor M. Mehdi, Project Director, Delta Project R. Morgan, Capital Investment Advisor S. Saleh, Senior Financial Analyst J. Billett, Committee Administrator 1. CRPS-09-032 - HOUSEKEEPING AMENDMENTS TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE The Committee considered Corporate Services Department report CRPS-09-032, dated March 12, 2009 regarding housekeeping amendments to Chapter 450 (Noise) of the Municipal Code. On motion by Councillor C. Weylie - it was resolved: "That the draft by-law attached to Corporate Services Department report CRPS-09-032 be enacted to amend Chapter 450 (Noise) of The City of Kitchener Municipal Code." 2. CAO-09-01$ -REAL ESTATE SERVICES CONTRACT EXTENSION The Committee considered Corporate Services Department report CRPS-09-018, dated March 23, 2009 requesting extension of a Real Estate Services contract with Coldwell Banker Commercial -Peter Benninger Realty. On motion by Councillor C. Weylie - it was resolved: "That the Real Estate Services contract which had been awarded to Coldwell Banker Commercial -Peter Benninger Realty be extended for a third and final one year period ending April 16, 2010." 3. CRPS-09-030 - SET FINES FOR CHAPTER 549 (ITINERANT -TEMPORARY VENDOR, PERMANENT -TEMPORARY MARKETS) OF THE MUNICIPAL CODE The Committee considered Corporate Services Department report CRPS-09-030, dated March 6, 2009 regarding short form wording and set fines for offences outlined in Schedule `A' to Chapter 549 of the Municipal Code. On motion by Councillor C. Weylie - it was resolved: FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 54 - CITY OF KITCHENER 3. CRPS-09-030 - SET FINES FOR CHAPTER 549 (ITINERANT -TEMPORARY VENDOR, PERMANENT -TEMPORARY MARKETS) OF THE MUNICIPAL CODE - tCONT'D) "That the short form wording and suggested set fine amounts for the offences under Chapter 549, as set out in Schedule "A" attached to Corporate Services Department report CRPS-09-030, 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." 4. DTS-09-041 -TRANSFER OF FUNDS FROM CAPITAL UNCOMMITTED INFRASTRUCTURE ACCOUNT FOR ROAD SURFACE ASPHALT PLACEMENT The Committee considered Development and Technical Services Department report DTS-09- 041, dated March 6, 2009 regarding a transfer of funds to Accelerated Infrastructure Project accounts. Councillors J. Smola and J. Gazzola entered the meeting at this time. Mayor C. Zehr referred to the figures proposed to be transferred as provided in report DTS-09- 041, pointing out that the dollar difference between balances remaining and estimated amounts required, have all been rounded upward. He noted that it would appear there is a net effect of approximately $32,000. more in savings that could be achieved and questioned if the full transfer amounts listed are really needed. Mr. J. Willmer advised that he would follow-up with Engineering staff in respect to this matter and report back prior to the April 6, 2009 Council meeting. On motion by Mayor C. Zehr - it was resolved: "That the following recommendation, as contained in Development and Technical Services Department report DTS-09-041 (Transfer of Funds from Capital Uncommitted Infrastructure Account for Road Surface Asphalt Placement), be referred to the April 6, 2009 Council meeting, pending additional information from staff concerning the proposed transfer amounts: `That the transfer of $300,000 from the Capital Uncommitted Infrastructure Account #59500194 be approved to four (4) specific Accelerated Infrastructure Project Accounts as follows: #56000163 - $10,000; #56000161 - $20,000; #56000184 - $180,000; #56000190 - $90,000."' 5. DTS-09-043 -MUNICIPAL PROPERTY ASSESSMENT CORPORATION (MPAC) DATA AVAILABILITY The Committee considered Development and Technical Services Department report DTS-09- 043, dated March 17, 2009 regarding a decision of the Municipal Property Assessment Corporation (MPAC) to charge municipalities for certain data that was previously provided without cost. Councillor J. Gazzola questioned how operation of MPAC is funded. Mr. D. Chapman advised that it was his understanding the majority of their funding is provided by municipalities and the Region of Waterloo pays the levy annually on behalf of all local area municipalities. Councillor Gazzola inquired if this issue affects all municipalities. Mr. J. Willmer stated that he believed so and as no prior notice was given my MPAC they may not yet be aware of the change in policy. He added that this decision has significant impact to those municipalities within the Greater Golden Horseshoe who require the data in question to monitor development performance related to the Province's Places to Grow growth plan. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 55 - CITY OF KITCHENER 5. DTS-09-043 -MUNICIPAL PROPERTY ASSESSMENT CORPORATION (MPAC) DATA AVAILABILITY tCONT'D) On motion by Councillor C. Weylie - it was resolved: "WHEREAS the Municipal Property Assessment Corporation (MPAC) now charges municipalities for data that was previously provided free of charge; and, WHEREAS MPAC did not provide any notification to municipalities that they were reducing the level of service; and, WHEREAS municipalities rely on MPAC data for many business purposes other than property tax calculations that include the benchmarking and monitoring of development performance relative to Places to Grow targets mandated by the Province; NOW THEREFORE BE IT RESOLVED THAT MPAC be requested to reverse their decision to charge municipalities for data that was previously provided free of charge; AND THAT MPAC reimburse the City of Kitchener for data that it purchased at a cost of $2,520; AND FURTHER THAT a copy this resolution, along with a copy of Development and Technical Services Department report DTS-09-043 regarding MPAC data availability, be forwarded to the Association of Municipalities of Ontario (AMO) and to local MPPs." 6. FIN-09-040- PROJECT UPDATE -CORPORATE FINANCIAL AND INFRASTRUCTURE MANAGEMENT SYSTEM tDELTA PROJECT) The Committee considered Financial Services Department report FIN-09-040, dated March 23, 2009 in which a final project status report is provided for the Corporate Financial and Infrastructure Management System (Delta). Mr. D. Chapman advised that the Corporate Financial and Infrastructure Management System (Delta) project has successfully concluded with the financial systems going live one month ahead of schedule on December 1, 2008; and that this would be the final project status report. He pointed out that in 2009/2010 staff will proceed with a number of projects identified in the business case related to the system's implementation, including asset management and mobile technology initiatives. Mr. Chapman advised that the project remains within budget with sufficient contingencies to support the work to be undertaken in 2009/2010. Councillor G. Lorentz entered the meeting at this time. Mayor C. Zehr commented that having gone live one month earlier he had expected the project would be under budget; however, indication today is that it is within budget and he requested clarification. Mr. Chapman confirmed that the project was completed within budget and that there remains unspent contingency funds which are to be used to fund work proposed for 2009/2010. The work involves fully implementing PSAB 3150 /Asset Management; exploration of the feasibility of implementing mobile technology to enhance the ability to perform infrastructure work order management in the field; and the potential implementation of a newer version of Cityworks to support mobile technology. He added that any contingency funds not required for the work would be returned to the City's uncommitted capital account. Councillor Gazzola questioned if pursuing the latter two projects had always been contemplated. Mr. Chapman advised that mobile technology had been set aside at the outset but was to be revisited by the Project Steering Committee in 2009 to determine feasibility of its implementation and in concert, a newer version of Cityworks would be required to support the technology. He added that he believed that the City's licence agreement would cover costs associated with the upgrade in software, requiring only staff time to configure the update. On motion by Councillor J. Smola - it was resolved: FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 56 - CITY OF KITCHENER 6. FIN-09-040- PROJECT UPDATE -CORPORATE FINANCIAL AND INFRASTRUCTURE MANAGEMENT SYSTEM tDELTA PROJECT) tCONT'D) "That Financial Services Department report FIN-09-040 (Project Update for the Corporate Financial and Infrastructure Management System [Delta Project]) be received for information." 7. CRPS-09-035 - ELMSDALE OPERATIONS CENTRE AND BATTLER AGGREGATE YARDS -DECLARE PORTIONS OF PROPERTIES SURPLUS The Committee considered Corporate Services Department report CRPS-09-035, dated February 26, 2009 requesting certain lands on Elmsdale Drive and Battler Road to be declared surplus. Ms. C. Fletcher advised that the business case for the Consolidated Maintenance Facility (CMF), as approved by Council, provided for a portion of lands at the Elmsdale Operations Center and Battler Aggregate Yards to be declared surplus at an appropriate time and be sold, with the proceeds from the sale to be used to off-set the cost of the CMF project. She stated that the timeline for the project has now reached this stage and approval will allow staff to proceed with any necessary environmental clean-up and valuation of the lands. In response to Councillor J. Gazzola, Mr. H. Gross advised that the total of all lands identified in the business case is estimated at $14.65M and includes portions of lands on: Strasburg Road (former Maple Leaf property at Huron Road); Chandler Parks Operation; Elmsdale Operations; and Battler Aggregate Yards. Councillor Gazzola inquired as to the status of the Strasburg Road and Chandler Drive properties. Mr. Gross advised that the lands on Strasburg Road comprise approximately 27 acres which is being divided into smaller lots for sale to recover funds paid through the Economic Development Investment Fund into the CMF budget. The Chandler lands are intended to be sold to the Region of Waterloo, and at this time land value has not been established pending determination of the highest and best use of the property. It was also noted that all of the lands identified are currently zoned industrial. Councillor G. Lorentz inquired as to what is envisioned for the Elmsdale property. Mr. Gross advised that Terms of Reference for the sale is currently being developed and in preliminary discussions with the Region and City Planning staff, it is being recommended that the lands be re-zoned to commercial by any potential purchaser in keeping with commercial growth along Ottawa Street South. Councillor Lorentz requested clarification of the transfer arrangements with the Region concerning the lands on Strasburg Road and Chandler Drive. It was agreed that staff would report to Council on the transfer of all land exchanges in respect to this project. Councillor Lorentz questioned why not all 15 acres of the Battler Aggregate Yard was to be sold. Mr. Gross advised that approximately 5 of the 15 acres is topographically unusable and therefore, not viable from a sale point of view. He added that discussion is still ongoing with Community Services staff as to its potential use in conjunction with operation of the CMF. On motion by Councillor G. Lorentz - it was resolved: "That approximately 10 acres of the lands located at 83 Elmsdale Drive (known as Elmsdale Operations Facility) and approximately 10 acres of the lands at 1585 Battler Road (known as Battler Aggregate Yards), owned by the City of Kitchener, be declared surplus; and staff be directed to begin the process of disposition of these properties." 8. CAO-09-019 - 2009!2010 ONTARIO MUNICIPAL INTERNSHIP PROGRAM The Committee considered Chief Administrator's Office report CAO-09-019, dated March 16, 2009 regarding an agreement under the Ontario Municipal Internship Grant Program. Ms. S. Adams advised that the City of Kitchener has been awarded one of only five internship grants to retain a municipal intern for a period of one year on a cost sharing basis. It was noted that applications are currently being considered and all candidates must possess a Master's level education, some municipal work/volunteer experience and have the desire to be FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 57 - CITY OF KITCHENER 8. CAO-09-019 - 2009!2010 ONTARIO MUNICIPAL INTERNSHIP PROGRAM tCONT'D) in public service for the long term. Councillor J. Gazzola inquired if this had been put forward during the 2009 budget deliberations. Ms. Adams advised that it had not, but pointed out that this is a 50% cost sharing arrangement with the AMCTO and is only for a one year period. Councillor Gazzola expressed the opinion that this equates to adding another FTE which he would not support given the current economic climate. On motion by Councillor K. Galloway - it was resolved: "That the Mayor and Clerk be authorized to execute the Ontario Municipal Internship Grant Agreement with the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) representing 50% of the cost of hosting an AMCTO Municipal Intern for the period July 2, 2009 to June 30, 2010." 9. FIN-09-041 -INVESTING IN ONTARIO ACT GRANT ALLOCATION The Committee considered Financial Services Department report FIN-09-041, dated March 24, 2009 requesting allocation of monies received under the Investing in Ontario Act Grant to the Consolidated Maintenance Facility (CMF). Mr. Chapman advised that of the $1.1 B of the 2008 Provincial surplus designated under the Investing in Ontario Act Grant to municipal infrastructure improvements, the City's share is $9.8M and staff is recommending that these dollars be allocated to the CMF. Mr. Chapman pointed out that this does not increase the project's budget but rather allows immediate cash flow through the budget account in lieu of funding identified in the ten-year capital forecast over 2010-2013. He noted that the cash flow projection identified in the business case indicated a deficit in 2009 reaching as high as $12.6M, as attributed to the purchase of the BF Goodrich site. Immediate cash flow to the project would reduced the internal financing costs estimated at $2M and mitigation of these interest costs will reduce the project funding shortfall of $2.2M for this project as identified in the business case. Mr. Chapman advised that the funds currently allocated over 2010-2013 for the project would become available for allocation to other priority infrastructure projects as part of the 2010 capital budget process. Councillor J. Gazzola expressed concerns with allocating all of the Provincial grant dollars to this one project. Councillor K. Galloway inquired as to other projects that these funds might be allocated to and what stipulations have been placed on use of these funds. Mr. Chapman advised that these funds must be spent on capital expenditures as defined by generally accepted accounting principles for local municipalities and cannot be used to pay down debt related to a previously approved capital project. He provided examples of projects that could be funded including: projects listed under the City's Accelerated Infrastructure Management Program; storm water management improvements; and those to meet requirements under the Accessibility for Ontarians with Disabilities Act. Mayor C. Zehr commented that allocation of the funds to the CMF project allows the City to meet the deadline imposed by the Province to access the funds and is important to ensure that the community receives due benefit. He expressed the opinion that this is a good use of the funds as this is a long term project that will serve the City well into the future. Councillor J. Gazzola questioned if these dollars could be used to fund the City's 1/3 share of the Federal stimulus funding program and the stimulus funding be used for other capital projects. Mr. Chapman advised that there is nothing in the definition of this grant funding that would preclude its use as suggested; however, he noted that the City has not yet seen the criteria for the stimulus funding and the proposed use of this grant for the CMF will free monies currently in the capital budget for other projects. Councillor K. Galloway commented that her main concern is to ensure that sufficient funding will be in place to meet requirements under the Accessibility for Ontarians with Disabilities Act and stressed the importance of this initiative remaining a high priority. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 30, 2009 - 5$ - CITY OF KITCHENER 9. FIN-09-041 -INVESTING IN ONTARIO ACT GRANT ALLOCATION tCONT'D) On motion by Mayor C. Zehr - it was resolved: "That the Investing in Ontario Act Grant received by the City of Kitchener in the amount of $9,801,171. be allocated to the Consolidated Maintenance Facility (CMF) project; and further, That the ten-year capital forecast be amended to adjust the capital-out-of-current (c/c) allocation to the CMF project as follows: Year Original c/c Amended c/c Change allocation ($000's) allocation ($000's) ($000's) 2010 5,051 1,965 (3,086) 2011 7,872 1,964 (5,908) 2012 2,771 1,964 807 (9,801)." 10. ADJOURNMENT On motion, the meeting adjourned at 1:45 p.m. J. Billett Committee Administrator