HomeMy WebLinkAboutFin & Corp Svcs - 2010-03-08FINANCE AND CORPORATE SERVICES COMMITTEE
The Finance and Corporate Services Committee met this date commencing at 3:45 p. m.
Present: Councillor J. Smola -Vice-Chair
Mayor C. Zehr and Councillors G. Lorentz, J. Gazzola, K. Galloway and C. Weylie.
Staff: C. Ladd, Chief Administrative Officer
D. Chapman, General Manager, Financial Services
T. Speck, General Manager, Corporate Services
J. Willmer, Interim General Manager, Development & Technical Services
P. Houston, General Manager, Community Services
S. Adams, Director, Community & Corporate Planning
S. Turner, Director, By-law Enforcement
W. Malcolm, Director of Utilities
C. Fletcher, Director, Facilities Management
L. Gordon, Chief Purchasing Officer
S. Allen, Manager, Engineering Design and Approvals
P. Harris, Manager of Licensing
J. Billett, Committee Administrator
CRPS-10-024 - OKTOBERFEST
The Committee considered Corporate Services Department report CRPS-10-024, dated
February 26, 2010 requesting Oktoberfest to be declared a Civic Celebration and to allow a
Special Occasion Permit to be issued.
On motion by Councillor K. Galloway -
itwas resolved:
"That K-W Oktoberfest, to be held October 8 to 16, 2010, be proclaimed a period of Civic
Celebration; and,
That the City of Kitchener has no objection to a Special Occasion Permit being issued for
the Oktoberfest Festhallen to be operated by Kitchener-Waterloo Oktoberfest Inc. during
the period of Civic Celebration; and further,
That this event be declared a Community Festival as it is a celebration of Kitchener's
German heritage."
CRPS-10-025 -REQUEST TO SELL FOOD AND ALCOHOL -GREEK FOOD FESTIVAL
- JUNE 12 & 13, 2010 - 527 BRIDGEPORT ROAD EAST
The Committee considered Corporate Services Department report CRPS-10-025, dated
February 26, 2010 requesting permission to operate a Place of Refreshment for a special event.
On motion by Councillor K. Galloway -
itwas resolved:
"That the Greek Orthodox Community of Saints Peter and Paul Church Kitchener-
Waterloo & District, be granted permission to operate a Place of Refreshment on their
premises at 527 Bridgeport Road East, Kitchener, on June 12 and 13, 2010, provided the
necessary licence is obtained, including Health and Fire approval; and further,
That since this Festival is a celebration of our ethnic diversity it be declared a 'Community
Festival'."
CRPS-10-026 -REQUEST FOR LIQUOR LICENCE -HOLY SPIRIT FESTIVAL
ASSOCIATION OF KITCHENER-WATERLOO -JUNE 4-6, 2010
The Committee considered Corporate Services Department report CRPS-10-026, dated
February 26, 2010 concerning issuance of a liquor licence to the Holy Spirit Festival Association
of Kitchener-Waterloo.
On motion by Councillor K. Galloway -
itwas resolved:
FINANCE AND CORPORATE SERVICES COMMITTEE
CRPS-10-026 -REQUEST FOR LIQUOR LICENCE -HOLY SPIRIT FESTIVAL
ASSOCIATION OF KITCHENER-WATERLOO -JUNE 4-6, 2010 (CONT'D)
"That the City of Kitchener has no objection to a liquor licence being issued to the Holy
Spirit Festival Association of Kitchener-Waterloo for an event to be held on June 4 to 6,
2010 at 1548 Fischer-Hallman Road East, Kitchener; and further,
That this event be declared a "Community Festival" for the purpose of applying for a liquor
licence, since this is a traditional Portuguese celebration of their heritage and promotes
unity and understanding within our community."
CRPS-10-027 -REQUEST TO HOLD OUTDOOR MARKET - CENTREVILLE CHICOPEE
COMMUNITY CENTRE - 141 MORGAN AVENUE
- JUNE 16-SEPTEMBER 30, 2010
The Committee considered Corporate Services Department report CRPS-10-027, dated
February 26, 2010 requesting permission to hold an outdoor market at the Centreville Chicopee
Community Centre.
On motion by Councillor K. Galloway -
itwas resolved:
"That Opportunities Waterloo Region be granted permission to hold an outdoor market at
Centreville Chicopee Community Centre, 141 Morgan Avenue, one day per week from
June 16 to September 30, 2010, provided the required licence is obtained."
CRPS-10-028 -REQUEST TO SELL REFRESHMENTS -SEXUAL ASSAULT SUPPORT
CENTRE -CITY HALL ROTUNDA -MARCH 17, 2010
The Committee considered Corporate Services Department report CRPS-10-028, dated
February 26, 2010 requesting permission to sell refreshments in the City Hall Rotunda.
In accordance with Section 25.4.4 f) of Chapter 25 (Council Procedure), it was agreed that due
to the date of this event falling prior to the next regularly scheduled Council meeting, the
following Committee recommendation would be forwarded for addition to the agenda of the
special Council meeting to be held later this date.
On motion by Councillor K. Galloway -
itwas resolved:
"That the Sexual Assault Support Centre of Waterloo Region be granted permission to
sell refreshments in the City Hall Rotunda on March 17, 2010, provided the necessary
licence is obtained, including Health approval."
CRPS-10-029 -LIQUOR LICENCE REVIEW APPLICATION
-TACO DELIGHT - 24 KING STREET EAST
The Committee considered Corporate Services Department report CRPS-10-029, dated March
1, 2010 concerning issuance of a liquor licence to Taco Delight, 24 King Street East.
On motion by Councillor K. Galloway -
itwas resolved:
"That subject to the applicant entering into an agreement with the City including certain
conditions of operating a licensed establishment as set out below, Council take no action
to oppose the application for a liquor license for Taco Delight, located at 24 King Street
East, applied for by Rosaura Valles (herein referred to as the "Applicant"); and further,
That the Mayor and Clerk be authorized to enter into an agreement with the applicant
should she be willing wherein the applicant agrees to abide by the following conditions
and to request they be added to her licence if the Alcohol and Gaming Commission of
Ontario chooses to issue the licence:
FINANCE AND CORPORATE SERVICES COMMITTEE
MARCH 8. 2010 - 56 - CITY OF KITCHENER
6. CRPS-10-029 -LIQUOR LICENCE REVIEW APPLICATION
- TACO DELIGHT - 24 KING STREET EAST (CONT'D)
1. to post in a conspicuous place and abide by the Downtown Licensed Establishments
Code of Conduct;
2. to become an active member of the Downtown Kitchener Business Improvement
Association's License and Entertainment Committee and attend its meetings;
3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales
(including food and other sundries); in other words, alcohol sales will be limited to 30%
of gross refreshment sales;
4. to stop serving alcohol by 12:01 a. m. daily in the first year of operation and thereafter
to stop serving alcohol by 2:00 a. m. daily;
5. to notify the Clerk of the City of Kitchener in writing of any application to change the
license at the time the application for the change is made to the Alcohol and Gaming
Commission, and not to expand the establishment without the consent of the City's
Council;
6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and,
7. these conditions shall bind all successors, assigns and subsequent licence holders (if
any)."
DTS-10-059 -EXTENSION OF PURCHASING ORDER - NEDCO ELECTRIC
- PEDESTRIAN LIGHTING AND TRAFFIC POLES
- KING STREET /CITY HALL
The Committee considered Development and Technical Services Department report DTS-10-
059, dated March 1, 2010 concerning extension of a purchase order for pedestrian lighting and
traffic poles on King Street and adjacent to City Hall.
Mr. S. Allen advised that Phase 1 lighting and poles for the King Street project were supplied by
Nedco Lighting under the tender process and it is recommended that the existing purchase order
with Nedco be extended to accommodate additional lighting required as a result of expansion of
the project under the Community Adjustment Fund and Infrastructure Stimulus Fund program.
Councillor J. Gazzola raised concerns that too many purchase orders are being extended and
questioned the impact of proceeding through the normal tender process to ensure the best price
is obtained. Mr. L. Gordon commented that tendering at this time may place the grant funding in
jeopardy. Mayor C. Zehr agreed, noting that the deadline for the grant funding is March 31 and
the tender process could not be completed in that timeframe.
Mr. S. Allen clarified that in order to meet the grant deadline, lighting ordered for Phase 1 was
used for the expanded portion of the project, leaving stock short for King Street. It is intended in
Phase 2 of the project to install the additional lighting on King Street by June 2010. Mr. Allen
advised that if ordering is delayed, the City will not likely be in a position to meet the June
deadline for installation.
Councillor Gazzola asked that as this does not apply to the stimulus funding, what the timeline
would be if a decision was made to go to tender. Mr. Gordon advised that the tender process
may take up to 8 weeks longer and is likely to result in missing the June deadline for installation.
Mayor Zehr questioned that having been tendered already in Phase 1 and the original pricing is
known, if going to tender again would result in an unfair bidding process. Mr. Gordon advised
that it would become a new tender and suggested it was more a matter of timing in respect to
meeting the installation deadline.
Councillor Gazzola advised that he could not support the staff recommendation, suggesting that
installation could be delayed to allow the purchase to proceed through the tendering process.
On motion by Mayor C. Zehr -
itwas resolved:
"That the Purchase Order PO#200386 issued to Nedco Electric be extended by $119,837
to accommodate the additional purchase of pedestrian lighting and traffic poles, to be
used on the Community Adjustment Fund (CAF) and Infrastructure Stimulus Fund (ISF)
FINANCE AND CORPORATE SERVICES COMMITTEE
DTS-10-059 -EXTENSION OF PURCHASING ORDER - NEDCO ELECTRIC
- PEDESTRIAN LIGHTING AND TRAFFIC POLES
- KING STREET /CITY HALL (CONT'D)
funded improvements on King Street and adjacent to City Hall."
DTS-10-060 - MORGAN AVENUE SANITARY SEWER
- EMERGENCY RECONSTRUCTION
The Committee considered Development and Technical Services Department report DTS-10-
060, dated March 1, 2010 concerning emergency reconstruction of the Morgan Avenue sanitary
sewer.
On motion by Councillor G. Lorentz -
itwas resolved:
"That staff be authorized to use the emergency provisions of the Purchasing By-law to
complete the design and reconstruction of the Morgan Avenue sanitary sewer which will
permit the Department Head to expedite the procurement of design and construction
services over their normal allowable limits; and further,
That $225,000 for the emergency reconstruction of the Morgan Avenue sewer easement
be allocated from the Sandrock Trunk Sanitary Sewer project."
CRPS-10-014 -AMENDMENT TO COUNCIL POLICY I-227 (ENFORCEMENT - BY-LAWS
The Committee considered Corporate Services Department report CRPS-10-014, dated March
1, 2010 requesting direction in regard to proposed amendments to Council Policy I-227
(Enforcement - By-laws).
Mr. S. Turner advised that the purpose of the proposed amendments is to provide guidance to
Enforcement staff on how to undertake a variety of their duties and to ensure the policy reflects
current operational processes. Areas requiring attention include assigning more priority to
addressing graffiti, modifying policy related to first time zoning offences and minor variance
applications, and the process of optional notification for repeat offenders. Additional guidelines,
not included in the current policy, are required to address issues related to neighbourhood
disputes and multiple complaints from a single source, to ensure the most appropriate use of
staff resources and to balance safety with the needs of individuals to that of the community at
large. Mr. Turner stated that the fundamental purpose of by-law enforcement is to regulate
safety, as well as aesthetics and streetscapes, and to promote a reasonable standard of
enjoyment of one's property and within the neighbourhood. He stressed that enforcement by-
laws and staff resources should not be used to perpetuate neighbourhood disputes or create
unrest in otherwise amicable situations.
Mr. Turner outlined an example of a multiple complaint from a single source, noting that the
individual lodging the complaint was far removed from the areas in question, and the situations
would have little impact on the complainant. In addition, some of the violations noted were in
existence long term with no previous concerns raised from within the immediate neighbourhood.
He noted that staff do take into consideration differing circumstances and use judgment based
on the merits of the situation; however, guiding principles agreeable to Council, such as the
ability to deem such complaints as low priority, would help guide in the decision making process.
Mr. Turner added that in regard to neighbourhood disputes guidelines are sought to aid in
deciding when it is appropriate to suspend staff involvement in situations where it is apparent
that there is nothing further that can be done to resolve the dispute. In such circumstances, it
was suggested that staff would consider criteria that would include, but not be limited to: safety;
liability and risk; and history of mediation.
Mr. Turner advised that on direction from Council, staff will proceed with modifications to the
existing policy based on the proposed amendments outlined this date, together with Council
input. He added that it is intended to bring forward a revised draft policy for consideration to the
first Committee meeting in April 2010.
FINANCE AND CORPORATE SERVICES COMMITTEE
MARCH 8. 2010 - 58 - CITY OF KITCHENER
9. CRPS-10-014 -AMENDMENT TO COUNCIL POLICY I-227 (ENFORCEMENT - BY-LAWS)
(CONT'D)
Councillor G. Lorentz questioned the feasibility of including provision to dismiss nuisance
complaints. Mr. Turner advised that while such provision could be incorporated, it is important to
use appropriate discretion to ensure there is no issue of safety or exposure of the City to high
risk or liability. Councillor Lorentz stated that he would like such provision to be incorporated, as
such occurrences are often borne of retaliation and place great strain on staff resources. He
added that individuals would maintain the right to address Council if they have concern with
staff's decision to dismiss their complaint.
Councillor J. Gazzola suggested that the problem lies in dealing with violations on a complaint
basis and suggested that where multiple complaints are received and violations determined as a
result, they should be acted upon; or alternatively, a review of regulations and change to existing
by-laws should be considered. Mr. Turner cited examples of regulations pertaining to use of cell
phones in motor vehicles and speeding, which occur regularly but not all are prosecuted. He
stated that a mechanism is needed for staff to undertake enforcement appropriately, and which
involves consideration of unnecessary disruption to affected neighbourhoods.
Councillor Gazzola questioned the feasibility of including provision to limit the number of
complaints a single source may file to within a distance of 3 homes from their own property. Mr.
Turner advised that he would not favour a distance separation provision as more flexibility is
needed, pointing out that valid complaints may be reported by persons outside an affected
neighbourhood and in some instances, by persons outside the City.
Councillor Gazzola inquired as to the reason the name of the complainant cannot be divulged.
Mr. Turner advised that the name of a complainant is treated as a confidential source of
information under the Freedom of Information and Privacy Act (FOI).
Councillor G. Lorentz asked that when the report is brought forward in April 2010, that a legal
opinion be provided in respect to divulging the complainant's name to members of Council. He
noted that Council members are called upon in certain circumstances to assist in mediation and
should be apprised of all pertinent information.
On motion by Councillor G. Lorentz -
itwas resolved:
"That staff formulate amendments to Council Policy I-227 (Enforcement - By-laws), in
accordance with the principles outlined in Corporate Services Department report CRPS-
10-014, and present the proposed amendments at a future meeting of the Finance and
Corporate Services Committee."
10. FIN-10-025- KITCHENER UTILITIES OPERATIONS CONTROL CENTRE /CORPORATE
CONTACT CENTRE
The Committee considered Financial Services Department report FIN-10-025, dated March 3,
2010 concerning establishment of a Kitchener Utilities Operations Control Centre (KU-OCC)
separate from the Corporate Contact Centre (CCC).
Mr. W. Malcolm advised that since its establishment, the CCC has delivered on expectations of
addressing increased demand from citizens through a single point of contact, and thereby
providing better customer service to the community. However, following a full review of the first
year of operation, some modification to the current model is deemed necessary. As a result of
the review it is apparent that the CCC can meet the needs of citizens using extended working
hours rather than a 24/7 operation. Based on call volume statistics, it is proposed to operate the
CCC Monday to Friday, 7:00 a. m. to 7:00 p.m. and Saturday 8:00 a. m. to 2:00 p. m. In addition,
it is proposed to operate the KU-OCC separately from the CCC. Mr. Malcolm noted that
emergency preparedness is critical to the City's operation of Kitchener Utilities to ensure safe
and reliable natural gas to customers. Accordingly, the KU-OCC requires a dedicated team with
highly trained, specific skill sets to ensure safe and efficient operation and which would exceed
the expected skill set of those staffing a CCC. Mr. Malcolm advised that the proposed model
can be implemented within the existing approved budget for the CCC. He added that the
proposed model will allow the City to meet regulatory requirements as municipal owners of a gas
FINANCE AND CORPORATE SERVICES COMMITTEE
10. FIN-10-025- KITCHENER UTILITIES OPERATIONS CONTROL CENTRE /CORPORATE
CONTACT CENTRE (CONT'D)
utility and improve service levels to the community
Councillor J. Gazzola raised concerns that having combined the service, it is now proposed to
separate the two functions. He asked how many full time staff there are under the current
model. Mr. D. Chapman advised that there are 6 full time and 11 part-time staff. He added that
it is more realistic to compare hours of work, noting that part time staff currently work up to 39
hours which essentially equates to full time hours. He stated that this has been an issue of
concern to the Union and under the proposed model there is potential to address this matter to
the benefit of all. Councillor Gazzola commented that he would not expect all staffing to have
the same level of knowledge but that there would be certain staff with expertise to handle
varying issues and would like better understanding of how it is to work. Mr. Chapman advised
that the proposed model still provides that there will be one point of contact and pointed out that
a risk assessment undertaken demonstrates that the City's emergency response is suffering
under the current model. Mr. Malcolm added that space in the current location is at capacity but
there will be sufficient room for both to work in tandem when the operation moves to the
Consolidated Maintenance Facility (CMF).
Mayor C. Zehr noted that the report indicates transition will be seamless for the public and
questioned if this is a matter of re-allocating existing staffing resources to ensure more efficient
use and Mr. Malcolm concurred.
Councillor G. Lorentz questioned the timing of the move to the CMF and how the Centre would
operate in the interim. Mr. Malcolm advised that the move is anticipated in the Spring 2011 and
in the interim, key areas of responsibility will be identified and calls distributed to the appropriate
staff for resolution. Mr. D. Chapman added that in part, this also allows the City to move ahead
with filling an existing vacant supervisory position.
Councillor J. Gazzola noted that the new model is to be financed through the existing budget
and proposes a reduced level of FTE's but a reduction in the budget is not proposed. He
advised that while he could support the proposal he would prefer to have a better understanding
of what is to be achieved.
On motion by Councillor C. Weylie -
itwas resolved:
"That staff be directed to proceed with the establishment of a Kitchener Utilities
Operations Control Centre separate from the Corporate Contact Centre, as outlined in
Financial Services Department report FIN-10-025, within the limits of the existing
approved budget for the Corporate Contact Centre."
11. ADJOURNMENT
On motion, the meeting adjourned at 4:30 p. m.
J. Billett
Committee Administrator