MUNICIPAL SERVICES COMMITTEE REPORT

Transcription

1 Monday, at 12:05 p.m. Report of a meeting held on Monday, at 12:05 p.m. in the City Hall Council Chamber. The following Committee members were in attendance: Chairman: A/Mayor A. Bell, Councillor R. Alty, Councillor L. Bussey, (via teleconference) Councillor N. Konge, Councillor J. Morse, Councillor S. Payne, and Councillor R. Silverio. The following members of Administration staff were in attendance: S. Bassi Kellett, M. Auge, J. Fredericks, D. A. Gillard, D. M. Gillard, K. Macdonald, N. Naidoo, K. Penney, G. White, S. Woodward, and S. Jovic. Item Description 1. Committee agreed unanimously to amend the agenda and defer a discussion regarding sidewalk snow clearing. 2. There were no disclosures of pecuniary interest.

2 3. Committee read a memorandum regarding whether to forgive $587, in outstanding sundry accounts receivable debts from fiscal years 1998 through to Committee noted that sundry accounts receivable are debts owed to the City for goods and services provided; they exclude billings for property taxes, utilities, recreation, development and building permits, land sales and municipal enforcement fines. These accounts receivable are not tied to property so collection options are limited. When a customer account is in arrears, Administration makes all reasonable attempts to collect payment by following the procedures identified in the City of Yellowknife s ( City ) Sundry Accounts Receivable Policy ( Policy ). The Policy sets out a rigorous course of actions based on best practices for collecting outstanding sundry accounts receivable and includes guidelines for when an account should be recommended for forgiveness. When these efforts are unsuccessful, the account is considered uncollectible. The City is required to adopt a by law to forgive outstanding debt that is not collectible. The last by law to forgive uncollectible debt on trade accounts receivable was adopted on January 24, 2000 (By law No accounts $13,653.38). Prior to that, a forgiveness by law was passed in April As no write off by law has been presented for over 18 years, the current number of uncollectible accounts and the amount they represent have accumulated; there are currently 1,002 uncollectible accounts totaling $587, These accumulations have been included in annual allowances for doubtful accounts that are recorded as per accounting best practices. It is recommended that a by law be adopted to forgive $587, in debt outstanding as of December 31, The action will not affect the City s net financial position, but will result in a more accurate representation of the organization s accounts receivable and allowance for doubtful accounts. Committee noted that applicable legislation, by laws, studies or plans include: Cities, Towns and Villages Act, S.N.W.T. 2003, c.22 (CTV Act). Committee noted: Legislative Section 122 of the Cities, Town and Villages Act authorizes Council to adopt a by law to forgive a debt owed to the Municipal Corporation, in whole or in part. In accordance with Subsection (3) the debt may be forgiven only if: (a) Council is satisfied that the debt is not collectable or that there are other reasons justifying the forgiveness of the debt; and (b) in the case of a debt in respect of property taxes, the by law is approved by the Minister and no special lien attaches against the land for non payment of the property taxes. DM# Page 2

3 Pursuant to s.122(4) of the Cities, Towns and Villages Act, Council shall give at least 30 days public notice of a by law that forgives a debt. Policy Administration has developed a Sundry Accounts Receivable Policy that establishes operating guidelines for forgiving uncollectible sundry accounts receivable. The policy requires Administration to report to Council annually on the status of sundry accounts receivable and recommend for forgiveness any amounts that are deemed to be uncollectible. Financial Total recommendation for debt forgiveness is $587, of which the entire balance was included in allowance for doubtful accounts as of December 31, There will be no financial impact in the 2018 fiscal year. Summary of uncollectible accounts A detailed listing of uncollectible accounts is provided in By law No. XXXX. Breakdown by type: Account Type Number of Accounts Value of Outstanding Debt Lease Fees 1 $90, Emergency Services 822 $383, Solid Waste Services 43 $14, Miscellaneous Trade Receivables 58 $74, Balances brought forward from 78 $24, old Financial System Total 1,002 $587, Breakdown by year*: 1998: $90, : $55, Pre 2003: $80, : $20, : $27, : $49, : $31, : $16, : $37, : $37, : $21, : $41, : $37, : $39, *Uncollectible accounts represent between 1.0% and 0.05% of annual sundry revenue and total revenue, respectively. Outstanding lease fees are from Tuaro Dairy Corp. and date back to 1998 and prior. Tuaro Dairy Corp. declared bankruptcy on March 4, By law No. 4179, which forgave $8, in uncollectible property taxes from Tuaro Dairy Corp., was adopted on February 25, DM# Page 3

4 In 2003 the City moved from the AS400 financial system to the Great Plains financial system. Balances from the AS400 were brought forward into Great Plains in lump sum amounts by customer with no detail provided. It is likely that many of these accounts relate to emergency services. Collection procedures were followed. Other Considerations In 2016, the City s auditors recommended that Administration bring forth a by law to forgive old uncollectible accounts receivable. Although the net effect is zero, keeping accounts that are unlikely to be collected overstates both the accounts receivable and the allowance for doubtful accounts balances in the financial statements. 4. A/Mayor Bell stated that, pursuant to s.105 of Council Procedures By law No. 4250, he wished to leave the Chair and participate in the debate and called upon Councillor Alty to assume the Chair. 5. Councillor Alty assumed the Chair at 12:25 p.m. Committee noted that Administration has completed appropriate collection efforts and is unable to collect the outstanding debts. Outstanding debts recommended for forgiveness have been outstanding for at least three years. Administration undertook to bring forward a Sundry Accounts Receivable Policy to provide clarity and consistency on the invoicing and collections of sundry accounts receivable and to establish guidelines for forgiveness of uncollectible sundry accounts receivable. Committee recommended that By law No. 4957, a by law to forgive $587, in outstanding debt on uncollectible sundry accounts from fiscal years 1998 through to 2014, be presented for adoption. 6. A/Mayor Bell resumed the Chair at 12:30 p.m. 7. Committee read a memorandum regarding Calder Crescent Paving Additional Information. Committee noted that at the May 14 th MSC meeting, Council members asked for additional information related to the proposed paving of Calder Crescent which is planned for That information was provided to the Municipal Services Committee on May 22, During the May 22 nd meeting, Administration undertook to provide Committee with the following information and due to the time sensitivity of this matter, it is being presented herein: 1. Number of people in favour of Option 2 DM# Page 4

5 2. Road width of Calder Crescent and can it accommodate sidewalks? 3. Budget for construction some projects were under so where is that money now? Engagement with residents of Calder Crescent was undertaken by the City in late 2016, in anticipation of improvements being implemented in 2017 and Initially, the Public Works and Engineering Department developed three options for future road design. A public meeting with Calder Crescent residents was held on November 21, 2016 to gather input on desired road layouts; approximately 30 residents attended this meeting. Based on input received at the public meeting, an additional design option was added and a survey was subsequently developed to gather feedback on four layout options. A topic was launched on PlaceSpeak, open to residents of Calder Crescent only. The survey was available on PlaceSpeak between January 16 and January 30, 2017 and residents were encouraged to take this survey by means of a letter delivered to every household. Residents of the area that are registered on PlaceSpeak received a notification through their PlaceSpeak account as well. In addition, residents of Calder Crescent were able to complete a paper survey, if they did not want to / or were unable to use PlaceSpeak. A total of 19 responses (PlaceSpeak and paper copies combined) were received to the survey. Survey results are attached. The four options included for consideration are: Option 1 Option 2 Option 3 Option 4 two way traffic with a sidewalk, and parking on one side one way traffic with sidewalk on one side and parking on both sides two way traffic, no sidewalk and parking on both sides road remains as is two way traffic with sidewalk on one side and parking on both sides, and includes using City right of way The results of these consultations were taken into account by the City when finalizing the plans for Calder Crescent and a letter was sent to residents of Calder Crescent on November 28, 2017 advising them that the roadway will remain in its current condition with two way traffic and parking on both sides of the street. In response to the questions raised at MSC: 1. Number of people in favour of Option #2 5 people were strongly in favour; 3 were neutral; 3 were opposed; and 8 were strongly opposed. 2. Road Width The existing road footprint is wide enough to accommodate a sidewalk Option 1 and Option 2 provide for this. Option 4 accommodates a sidewalk and parking on both sides of the road; however, to do this, the City would need use a portion of its right of way of DM# Page 5

6 approximately 1.5m which means using frontage on most properties on Calder. This may affect fences, retaining walls and the slope of driveways. 3. Budget for Construction Projects vary from the budgeted amount some under and some over budget. Administration has confirmed that approximately $500,000 from the CWWF has been allocated to the following items that are not included in the contract prices: (i) Yard Reconstruction work expected to be between $200,000 $300,000 for the roads affected. (ii) City items not included in the contract costs this includes water meters and other materials/supplies, as well as staff costs directly related to the projects above core salary (e.g., overtime) this is likely to be around $100,000. (iii) Tipping fees anticipated to be in excess of $100,000. Combined, these items will use up the remainder of the money from the CWWF funding. Also, it is possible that some of these projects might go over budget due to change orders which any remaining money (if any) would then be put towards. Committee noted that Council s policies, resolutions or goals include: Council Goal#1 Better Engagement with Stakeholders Council Goal #4 Community Sustainability Committee noted that applicable legislation, by laws, studies or plans include: Cities, Towns and Villages Act 8. Committee heard a presentation from Mr. Revi Lau a resident of 49 Calder Crescent. Mr. Lau a stated that through his work, he had the opportunity to work on the NWT Disabilities Framework, and that one of the main issues that they raised in terms of barriers is that of accessibility and travel around the city. Mr. Lau a further stated that Council s deliberation in regards to this sidewalk is, in his perspective, misleading and overall not a binary decision. Mr. Lau a stated that the proximity of Ecole St. Joseph School and N.J. Macpherson School and many young children located in the Calder Crescent area are also of concern. Mr. Lau a further stated that due to the narrowness of the street because of all the parked cars lining the road, children often have to walk in the middle of the road just to get to school. Mr. Lau a advised that Yellowknife is a northern community and that this debate should not be about the preferences that residents themselves have with the installation of a sidewalk, but what is appropriate and what is right. Mr. Lau a further advised that it is about the problems that the most disadvantaged of our community are currently facing due to the lack of a sidewalk. Mr. Lau a noted that this change will help children, the elderly, persons with disabilities, and families. Mr. Lau a further noted that he will do his part to educate his children in regards to street safety, and he asked that Councillors do their part to implement the vision that they have for a safe and modern community. 9. Committee heard a presentation from Ms. Marcella MacDougall resident of Calder Crescent. Ms. MacDougall noted that she moved to Calder Crescent ten years ago. Ms. DM# Page 6

7 MacDougall further noted that when it was only herself she had to worry about having no sidewalk was not a big deal. Ms. MacDougall stated that her concerns changed once she was pregnant and then had her first child. Ms. MacDougall further stated that she was out walking every day, in the fall she could walk on lawns as much as possible, step off curbs and even walk on the road. Ms. MacDougall advised that as winter came using a stroller on lawns became impossible and her only option became the road. Ms. MacDougall further advised that she then had her second child and that by this time her first child was three, and could easily outrun the stroller and was eager to explore. Ms. MacDougall noted that this became an issue as they were often walking down the middle of the road so instead they often choose to avoid their neighbourhood altogether. Ms. MacDougall further noted that she now has three children who all love to ride their bikes, go for walks and visit their friends. Ms. MacDougall stated that currently there is no safe option for these activities on Calder Crescent. Ms. MacDougall acknowledged that there have not been any serious vehicular pedestrian incidents on Calder Crescent; however, the fact is that both kids and drivers get distracted and that the installation of a sidewalk can address a long standing safety issue. Ms. MacDougall asked the City to be proactive and take this opportunity to fix a design flaw from 35 years ago and make the street accessible to everyone including seniors, children, parents with infants, and persons with disabilities and to consider safety and healthy lifestyles before convenience. 10. Committee heard a presentation from Ms. Gabrielle Graham resident of Calder Crescent. Ms. Graham noted that she walks her grandchildren home from school. Ms. Graham further noted that even when they are walking with her, the kids seem to veer off into the middle of the road. Ms. Graham advised that on a street with sidewalk the kids are fine. Ms. Graham asked Council to consider safety, as no one wants to see something happen to any child over worries of convenience or losing a small piece of property. Ms. Graham stated that Calder Crescent residents all have decent sized yards, and although some people are concerned with losing their space, she states it is more important to consider the children that live in their community. 11. Council heard a presentation from Mr. Charles Kalnay Watson resident of Calder Crescent. Mr. Kalnay Watson noted that Calder Crescent is also a path for Bigelow and Finlayson residents. Mr. Kalnay Watson further noted that the residents of adjacent neighbourhoods were not consulted during the initial survey. Mr. Kalnay Watson advised that Council should consider that because it could have made a difference in the findings, especially since many of the Calder Crescent residents did not even respond to the survey. Mr. Kalnay Watson further advised that with so little response it can t be determined whether residents do not want a sidewalk on Calder Crescent. Mr. Kalnay Watson stated that regardless of the outcome, voices were missing that wanted to be heard. Mr. Kalnay Watson further stated that Councillors said they wanted a walkable and safe city and that going against this sidewalk is counter to that basic principle. Mr. Kalnay Watson asked Councillors to consider safety of children and persons with disabilities over what is easy. DM# Page 7

8 12. Committee heard a presentation from Ms. Juanetta Sanderson resident of Calder Crescent who spoke against a sidewalk on Calder Crescent. Ms. Sanderson stated that she has lived on the street for 20 years and her children grew up on the street. Ms. Sanderson further stated that she had been told that the decision had been made, both in writing and verbally, and so hearing that it was being discussed came as a shock. Ms. Sanderson advised that she understands the position of the pro sidewalk residents concerning those of mobility, but is concerned about what will be lost in the process of installing the sidewalk. Ms. Sanderson further advised that there is the potential to go back to the property lines but then there are issues of steep driveways, retaining walls, and lamp posts. Ms. Sanderson noted that these are practical issues, and that questions surrounding how they would play a role with the sidewalk have not been answered. Ms. Sanderson further noted that a one way street would cause people to go even faster in that area creating unsafe road conditions. 13. A/Mayor Bell stated that, pursuant to s.105 of Council Procedures By law No. 4250, he wished to leave the Chair and participate in the debate and called upon Councillor Alty to assume the Chair. 14. Councillor Alty assumed the Chair at 12:50 p.m. In response to questions from Committee, Administration undertook to provide information regarding responsibility for costs associated with regrading driveways, relocation fences and other encroachments if Council approves Option 4 (two way traffic with sidewalk on one side and parking on both sides, which includes the use of the City s right of way). Committee noted that this item will be discussed at that evening s Council meeting. 15. A/Mayor Bell resumed the Chair at 1:05 p.m. 16. Committee read a memorandum regarding the disposal of Lot 36, Block 61, Plan 4671 (4903 Matonabee Street) by method of ballot draw. Committee noted that in 2013, The City of Yellowknife (the City ) submitted the Greater Land Application to the Government of the Northwest Territories Department of Lands (the GNWT ) for the purpose of acquiring a series of parcels owned by the Commissioner and to replenish its supply of lands for future growth and development. The GNWT advised the City to separate select parcels and apply under individual applications. The City submitted a new application on March 31, 2015 (File No. YK15 068) to acquire Lot 28 Rem, Block 61, Plan 140. However, remainder parcels are no longer an accepted legal description by the GNWT therefore; a new legal plan of survey was completed and registered on April 22, 2016, superseding the original legal description with Lot 36, Block 61, Plan 4671 (the DM# Page 8

9 Subject Land ). This process facilitated transferring fee simple title to the City on December 15, 2017, the parcel remains in the City s land inventory. The Subject Land is a standard parcel zoned R1 Residential Single Detached Dwelling and is located in an established neighbourhood. Prospective buyers have expressed substantial interest for the purpose of residential development. Pursuant to Section 7 of the Land Administration By law the price of land shall be the appraised value (market value). The confirmed value of the Subject Land is $190,000.00, established by an appraisal report completed on May 8, In addition to the appraised value (purchase price), all development costs including servicing the Subject Land are the responsibility of the purchaser. On March 9, 2015, the method of disposal was identified in the Memorandum to Committee for the Subject Land. This memo indicated that the Subject Land would be disposed of by ballot draw, and disposal By law No was adopted by Council on April 13, Figure 1: Subject Land (Lot 36, Block 61, Plan 4671) Committee noted that Council s policies, resolutions or goals include: Council Goal #4 Community Sustainability Committee noted that applicable legislation, by laws, studies or plans include: 1. Cities, Towns and Villages Act, S.N.W.T. 2003; and, DM# Page 9

10 2. Land Administration By law No. 4596, as amended. 17. Members of Committee questioned whether to pass surveying costs onto purchasers. 18. A/Mayor Bell declared a conflict of interest regarding whether to pass surveying costs on to purchasers as he is currently in the process of purchasing land from the City and excused himself from the meeting at 1:11 p.m. 19. Councillor Alty assumed the Chair at 7:50 p.m. 20. Committee continued its discussion regarding a memorandum regarding the disposal of Lot 36, Block 61, Plan 4671 (4903 Matonabee Street) by method of ballot draw. Committee noted that a bidding method was used in the past for disposal of land in Grace Lake. Committee noted that the disposal method should allow the City to maximize on the price that the market is willing to pay for the lot. 21. Committee concluded its discussion regarding whether to pass surveying costs on to purchasers. 22. A/Mayor Bell returned to the meeting and resumed the chair at 1:18 p.m. Councillor Konge stated that he will bring a motion forward at the next Council meeting directing Administration to dispose of Lot 36, Block 61, Plan 4671 (4903 Matonabee Street) by method of bidding. 23. Committee deferred a discussion regarding sidewalk snow clearing to the next meeting. 24. Committee discussed the Homelessness Employment Program. Administration noted that the City of Yellowknife, in partnership with the Yellowknife Women s Society, has launched Common Ground a homelessness employment program. Administration further noted that the program focuses on cleaning up the downtown core of litter and debris, while also training and coordinating street involved individuals. Administration stated that Common Ground incorporates cultural and wellness support to those impacted by homelessness and marginalization. Administration further stated Elders and Indigenous healers incorporate ceremony and cultural practices within the work of the crews, which will give participants an opportunity to reconnect to the land. Administration advised that a crew of eight works five days a week picking up litter in public spaces throughout Yellowknife, starting with the downtown core. In response to a question from Committee, Administration undertook to DM# Page 10

11 follow up with the Yellowknife Women s Society regarding the locations of clean up, due to the fact that the Downtown Reserve funds this program. 25. Committee discussed public versus private meetings. 26. A/Mayor Bell stated that, pursuant to s.105 of Council Procedures By law No. 4250, he wished to leave the Chair and participate in the debate and called upon Councillor Alty to assume the Chair. 27. Councillor Alty assumed the Chair at 1:38 p.m. 28. Committee continued its discussion regarding public versus private meetings. Committee requested that Administration provide more clarity on this issue and develop a policy/resource guide for Councillors regarding public versus private meetings. 29. A/Mayor Bell resumed the chair at 1:43 p.m. 30. Committee discussed the Official Inquiry. Administration advised that Miller Thomson is proceeding with the Official Inquiry, as per the Terms of Reference established by Council. Administration further advised that Miller Thomson has confirmed that they have secured the services of Mr. Dev Chankasingh as the investigator for the Official Inquiry. A member of the Law Society of Alberta and based in Edmonton, Mr. Chankasingh specializes in labour, employment and administrative law. He has extensive experience in workplace harassment, including having acted as Independent Legal Harassment Advisor to the Edmonton Police Service, providing advice to police and civilian employees on workplace harassment issues. Miller Thomson advises that Mr. Chankasingh has commenced Phase 1 of the investigation the review of the allegations of workplace misconduct in Municipal Enforcement Division (MED) including the 2014 investigation. The City is advised that he is also preparing to undertake Phase 2, which is the investigation into allegations of inappropriate use/access of security cameras as part of the overall allegations of workplace misconduct in MED in Miller Thomson expects that Mr. Chankasingh will be travelling to Yellowknife in June, exact dates to be determined, to conduct in person interviews with individuals he deems relevant. City Administration is providing him with the names of all individuals who have contacted the City on matters relating to the allegations of workplace misconduct in MED for this purpose. 31. Councillor Konge moved, Councillor Silverio seconded, DM# Page 11

12 That Committee move in camera at 1:46 p.m. to discuss whether to appoint members to serve on the Yellowknife Heritage Committee, a contractual matter and a legal matter. MOTION CARRIED UNANIMOUSLY 32. Councillors Bussey and Payne left the meeting at 1:46 p.m. 33. Committee recessed at 1:46 p.m. and reconvened at 1:50 p.m. 34. Committee discussed a memorandum regarding whether to appoint members to serve on the Yellowknife Heritage Committee. 35. Committee discussed a contractual matter. 36. Committee discussed a legal matter. 37. Councillor Bell moved, Councillor Konge seconded, That Committee return to an open meeting at 2:22 p.m. Business arising from in camera session MOTION CARRIED UNANIMOUSLY 38. Committee deferred a memorandum regarding whether to appoint members to serve on the Yellowknife Heritage Committee until the next MSC meeting on June 11, The meeting adjourned at 2:23 p.m. DM# Page 12