HomeMy WebLinkAboutCouncil Agenda - 2020-08-10 SCHRISTINE TARLING
Director of Legislated Services & City Clerk
Corporate Services Department
nd
Kitchener City Hall, 2 Floor
200 King Street West, P.O. Box 1118
Kitchener, ON N2G 4G7
Phone: 519-741-2200 x 7809 Fax: 519-741-2705
Christine.tarling@kitchener.ca
Due to COVID-19 and recommendations by Waterloo Region Public Health to
exercise physical distancing, City Hall is closed to the public. Members of public
are invited to participate in this meeting electronically by accessing the meeting
live-stream video at kitchener.ca/watchnow.
While in-person delegation requests are not feasible at this time, members of the
public are invited to submit written comments or participate electronically in the
meeting by contacting Jeff Bunn, Manager, Council and Committee
Services/Deputy City Clerk at jeff.bunn@kitchener.ca. Delegates must register by
10:30 a.m. on August 10, 2020 in order to participate electronically. Written
comments will be circulated prior to the meeting and will form part of the public
record.
August 7, 2020
Mayor B. Vrbanovic and Members of Council
Re: Special Council Meeting Monday, August 10, 2020
Notice is hereby given that Mayor B. Vrbanovic has called a special meeting of City Council
to be held electronically / in the Council Chamber on Monday, August 10, 2020 at 12:30 p.m.
to consider the following:
1. In-camera Meeting Authorization
Council is asked to enact the following resolution to authorize an in-camera meeting:
"That an in-camera meeting of City Council be held immediately following this
special council meeting to consider a matter regarding confidential information
about a competitive position/contract/negotiation as well as plans and instructions
for negotiations, two land acquisition/disposition matters, and one labour relations
matter as authorized by Sections 238(2) (i), (k), (c) and (d) of the Municipal Act,
2001, respectively.
Recess and Re-convene
The meeting will then recess and reconvene immediately following the in-camera meeting at
approximately 2:00 p.m.
2. COR-20-006 Amendment to Procedural By-law Regarding Electronic
Meeting Participation
Accessible formats and communication supports are available upon request. If you
require assistance to take part in a city meeting or event, please call 519-741-2345 or
TTY 1-866-969-9994.
CHRISTINE TARLING
Director of Legislated Services & City Clerk
Corporate Services Department
nd
Kitchener City Hall, 2 Floor
200 King Street West, P.O. Box 1118
Kitchener, ON N2G 4G7
Phone: 519-741-2200 x 7809 Fax: 519-741-2705
Christine.tarling@kitchener.ca
Attached is Corporate Services Department report COR-20-006 Amendment to
Procedural By-law Regarding Electronic Meeting Participation (J. Bunn), dated August 27,
2020.
3. FIN-20-050 P20-092 Direct Purchase of Natural Gas Administration and
Consulting
Attached is Financial Services Department report FIN-20-050 P20-092 Direct Purchase
of Natural Gas Administration and Consulting (R. Scott), dated July 13, 2020.
4. INS-20-007 Regional Maintenance Agreement 1 Year Extension
Attached is Infrastructure Services Department report INS-20-007 Regional
Maintenance Agreement (R. Lusk and N. Lobley), dated July 8, 2020.
5. By-law for Three Readings
a. Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with
respect to Procedure.
b. Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code
regarding By-law Enforcement.
c. To confirm all actions and proceedings of the Council.
Yours truly,
C. Tarling
Director of Legislated Services & City Clerk
c: Corporate Leadership Team
J. Bunn
D. Saunderson
S. Goldrup
Records
Accessible formats and communication supports are available upon request. If you
require assistance to take part in a city meeting or event, please call 519-741-2345 or
TTY 1-866-969-9994.
CITY OF KITCHENER
COUNCIL
IN-CAMERA AGENDA
DATE: MONDAY, AUGUST 10, 2020
TIME: IMMEDIATELY FOLLOWING SPECIAL COUNCIL MEETING (12:30 A.M.)
LOCATION: ELECTRONICALLY / CAUCUS ROOM
Note: Any member of Council may question the appropriateness of a listed in-camera
item. This may be done during the special Council meeting or at the beginning of the in-
camera session.
ITEMS FOR CONSIDERATION
1. KW Hydro Due Diligence (Confidential Information about Competitive
Position/Contracts/Negotiations / Plans and Instructions for Negotiation Sections
238 (2) (i) and (k))
Staff will provide an update and seek direction with respect to this matter. (60 min)
2. 1011 Homer Watson Block 1 (Land Acquisition/Disposition Section 238 (2) (c))
Staff will provide information and seek direction with respect to this item. (10 min)
3. Downtown City Lands (Land Acquisition/Disposition Section 238 (2) (c))
Staff will provide information with respect to this item. (10 min)
4. Collective Agreement (Labour Relations Section 238 (2) (d))
Staff will provide an update and seek direction with respect to this matter (15 min)
C. TARLING
CITY CLERK
REPORT TO:Special Council
DATE OF MEETING:August 10, 2010
SUBMITTED BY:Christine Tarling, Director, Legislated Services / City Clerk
PREPARED BY:Jeff Bunn, Manager, Council & Committee Services / Deputy City Clerk
WARD (S) INVOLVED:All
DATE OF REPORT:July 27, 2020
REPORT NO.:COR-20-006
SUBJECT:Amendment to Procedural By-law Regarding Electronic Meeting Participation
___________________________________________________________________________________________
RECOMMENDATION:
That,until such a time theComprehensive Procedural By-law Review has been completed
, the Procedural By-law (Municipal Code
Chapter 25) be temporarily amended in accordance with section 238 of theMunicipal Act,
2001,(as amended by theCOVID-19 Economic Recovery Act, 2020),to permitelectronic
meeting participationin open and closed meetings, and to allow members participating
electronically to count towards quorum.
BACKGROUND:
Prior to the COVID-19Pandemicsection 238 of the Municipal Act, 2001gavemunicipalities
the authority to amend their Procedural By-law to allow for electronic meeting participationby
members of council. The Municipal Actdid not permit those members participating electronically
inmeetingsto count towards quorum or toparticipate electronically in a closed meeting.
March 19, 2020Inresponse to the COVID-19 pandemic,theOntario Governmentintroduced
and passedBill 187, the Municipal Emergency Act, 2020, which amended the Municipal Actto
provide that, during any period where an emergency has been declared to exist in all or part of
the municipality under section 4 or 7.0.1 of the Emergency Management and Civil Protection
Act,all members participating electronically may be counted towards quorum, and can
participateelectronically in a closed meeting.
March23, 2020Council passed a resolution to temporarily permit electronic meeting
participation for Special Council and Closed Meetings during the declared emergency under
section 4 and 7.0.1 of the Emergency Management and Civil Protection Act.
June 22, 2020 Council passed a resolution temporarily extending permission for electronic
meeting participation for all Committees of Council, Quasi-Judicial Committees,and Advisory
Committees during the declared emergency.
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
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July 21, 2020 The Ontario Government passedBill 197, the COVID-19 Economic Recovery
Act, 2020, which amended the Municipal Act to allow for electronic participation during closed
meetings and for members participating electronically to count towards quorum. Bill 197 also
amended the Municipal Act to permit proxy voting in accordance with a process to be established
by the Clerk.
REPORT:
As identified inthe 2020 Business Plan, Legislated Services iscurrently conducting a
comprehensive review of the Procedural By-lawwhich is expected to be brought forward for
In addition to housekeeping amendments to better reflect
staff intends to align the Procedural
By-law withrecent legislative amendments to the Municipal Act,such as:
Membersparticipating electronically in meetings countingtowards quorum;
Members participating electronically in closed sessions, and more broadly in open
sessions; and,
Members appointing another member of Council as a proxy to act in their place when
they are absent.
As well, over the next few months, staff would like to engage members of Council one-on-one
regarding their experience with electronic meeting participation and gain feedback on electronic
meetings and proxy voting.The feedback receivedwill be an important component in any
recommendations arising from the comprehensive review.
In the meantime, though, there is still a need to facilitate electronic meetings and rather than
bring permanent changes in the Procedural By-law in a piecemeal fashion, staff is
recommending the proposed temporary amendment in order to provide a bridge to meetthe
immediate need untilthe full review for permanent changes to the Procedural By-law can be
completed and brought forward.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the C
through the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
INFORM
Council / Committee meeting.
CONSULT Planned one-on-one engagement with members of Council regarding electronic
meetings and proxy voting.
ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services
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REPORT TO:Special Council
DATE OF MEETING:2020-08-10
SUBMITTED BY:Ryan Scott,Manager of Procurement, 519-741-2200 ext. 7214
PREPARED BY:Adam Buchholtz, Associate Procurement Specialist,519-741-2200 ext.
7217
WARD (S) INVOLVED:N/A
DATE OF REPORT:2020-07-13
REPORT NO.:FIN-20-050
SUBJECT:P20-092 Direct Purchase of Natural Gas Administration and Consulting
__________________________________________________________________________________________
RECOMMENDATION:
ThatProposal P20-092 Direct Purchase of Natural Gas Administration and Consulting, be
awarded to ECNG Energy Group,Burlington, Ontario,at their estimated feeof $91,000,
plus H.S.T. of $11,830, for a total of $102,830,for a one (1) year term with the option to
renew for an additional four (4) one year terms, provided a satisfactory contract is
executed.
BACKGROUND:
Kitchener Utilities(KU)purchase and manages the ~$28M annual natural gas portfolio to ensure
a continuous and economical supply on natural gas is provided to our customers. As the energy
market is continuously changing, having up to date market information is essential. An
experienced consultant is required to provide weather information, market pricing, trends and
forecast to be able to model various scenariosand make recommendations for short and long-
term natural gas supply and delivery options for up to 3-years in advance.
There are many tasks that are required to optimize the gas portfolio which require specialized
industry knowledge. KU requires a consultant to perform services that include planning, daily
operations and balancing, settlement of contracts and regulatory activities related to the
purchase delivery and supply of natural gas. The consultant will assist in the optimization of KU
storage and transportation contracts with Enbridge Gas Inc.
REPORT:
Proposalswere advertised publicly on the City of Kitchenerwebsite. Documents were
downloaded by seven(7) interested parties and by the closing date of Thursday May 14,2020,
six(6)proposalshad been received.
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
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A listing of the responding parties follows for your reference:
Ag Energy Co-operative Ltd.Guelph ON
Blackstone Energy ServicesToronto ON
ECNG Energy GroupBurlington ON *
Global Petroleum Marketing Inc.Calgary AB
Jupiter Energy Advisors Inc.Toronto ON *
Perimeter Energy Inc.Burlington ON
*Shortlisted candidates
The proposal submissions werereviewedand ratedbythe selection committee,G. St. Louis,
Director Gas & Water Utilities, L. Jones, Manager Gas Supply and Engineering, and J.
Chaterjee, Regulatory Analyst.
The review committee met on Monday June 8, 2020, and a shortlist of two(2) candidates* was
selected for further interviews.
The review committee met on Friday June 19, 2020, to interviewand ratethe shortlisted
candidates.
The committee recommends awarding the project tothe highest rated proponentECNG Energy
Group, Burlington, Ontario.
The selection committee rated the proposal submissions on the following criteria:
Experience of Proposed Team
Planning Services
Operating Services
Settlement Services
Regulatory Services
Effect of Interview
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
the delivery of core service.
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FINANCIAL IMPLICATIONS:
The net cost for this proposal(A), is fair and reasonable for a project of this scope butthe
upset limit exceeds the budget allowance (B) provided within the budget. Funding for this
project is included within the approved budget. The estimated deficit (D) will be funded by
other savings in the Gas Utility operating budget.
Proposal P20-092
Consultant Services -Advisory Services for the Procurement of Management of
Natural Gas Supply
Estimated Cost
ProposalP20-092 costs, including HST102,830.00
less: HST rebate on proposal(11,830.00)
Net Cost Being Awarded91,000.00 A
-
Estimated Cost91,000.00 C
Funding Available
Professional Service Consultant68,500.00
Total budget68,500.00 B
Estimated Surplus/(Deficit) (B -C)(22,500.00)D
COMMUNITY ENGAGEMENT:
INFORM
council / committee meeting.
ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Department
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REPORT TO:Special Council
DATE OF MEETING:August10, 2020
SUBMITTED BY:Roslyn Lusk, Director Operations, Roads & Traffic,(519) 741-2600
x4599and Niall Lobley, Director Parks & Cemeteries, (519) 741-2600
X4518
PREPARED BY:Roslyn Lusk, Director Operations, Roads & Traffic
(519) 741-2600 x4599
WARD (S) INVOLVED:All Wards
DATE OF REPORT:July 8, 2020
REPORT NO.:INS-20-007
SUBJECT:One-year Extension of Agreement with Region to provide summer and
winter maintenance
__________________________________________________________________________________________
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute a one-year extension, subject to the
satisfaction of the City Solicitor, with the Regional Municipality of Waterloo, for the City
of Kitchener to provide summer and winter maintenance services on selected Regional
Roads within the City of Kitchener, as outlined in the Infrastructure Services Department
report INS-20-007.
BACKGROUND:
Since the formation of the Region of Waterloo in 1973, the City of Kitchener has provided
maintenance of Regional roads within the City of Kitchener,viaan agreementwith the Region
through which residents benefit from more seamless and efficient service delivery.The
establishment of theagreement with the Region is consistent with practices employed by the
cities of Cambridge and Waterloo.The term of the current agreementbetween Kitchener and
the Region runs from January 1, 2020until December 31, 2020; as agreed to by Council per
staff report INS-19-061 dated September 18, 2019.
REPORT:
The rationalefor City forcesto continue to provide coresserviceson Regional roadsthrough an
agreementwith the Regionhas been long standing.As such, staff have been workingwiththe Region
and area municipalities to establish a new agreement to be in place beyond December 2020.
Staff havemet on a number of occasions with staff from the Region and other area municipalities to
discuss the development of a new agreement. While each municipality enters into a separate agreement
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
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with the Region, the basis of the agreement remains virtually identical, with each individual municipality
establishing unit rates to provide specific maintenance activities on the Regional roads lying within their
respective boundaries. Maintenance activitiesincluded in the existing agreement are:
Road patrol
Summer maintenance including;
o surface asphalt maintenance,
o shoulder maintenance,
o street sweeping,
o spring cleanup (litter pick up), and
o right of way drainage including catch basin and manhole maintenance
Leaf pickup and disposal
Winter snow and ice control
Emergency response (e.g. accidents, washouts, spills, trees, debris, etc.)
Preventative maintenance agreed to by the Region.
The Region experienced significant change throughout the duration of the previous 5-year agreement
which was in effect from January 1, 2014 to December 31, 2019.
Construction of the ION was commencing just as thatagreement took effect; and ridership commenced
in July 2019. The ownership of the roads on which the ION travels are now Regional and form part of the
agreement. During the 2019 negotiations, city staff were not able to adequately estimate operational
costs associated with the ION as crews hadyet to experience providing a full year of maintenance along
the ION route.
In addition, increased focus on providing active transportation options within the Region wasmade
through the duration of the agreement. Many new and different types of active transportation routes (e.g.
on-road cycling infrastructure, separated cycling infrastructure, additional sidewalks, multi use trails, etc.)
have been installed within the Region. In 2018, the Province of Ontario
maintenance regulation, O.Reg 239/02Minimum Maintenance Standards for Municipal Highways,
requiring municipalities to provide year-round maintenance of these types of facilities. The amendments
to the regulationraised the level of maintenance historically reserved for roadsto active transportation
infrastructure.
In mid 2019, all parties agreed that a one-year extension of the existing agreement dated, January 1,
2014 to December 31, 2019, was the most reasonable approach forward to allow time for each of the
area municipalities to monitor the costs to maintain the new infrastructure, allowing forinformedunit
rates to be established in a future multi-year agreement with the Region.
In addition, the extension was intended to allow time to explore additional opportunities of maintenance
activities that are not currently included within the maintenance agreement that could result in greater
effectiveness and efficiency of service delivery for residents. Through Staff Report INS-19-061 dated
September 18, 2019, a one-year extension to the previous five-year agreement was approved; extending
the agreement until December 31, 2020.
Negotiationsfor the multi-year agreement began late in 2019 and continued until March 2020 when all in
person meetings were cancelled due to the COVID-19 pandemic. With the onset of operational changes
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related to the pandemic, municipalities across the Regionturned their focus to provide critical service
maintenance using minimal staffingNo capacity existed within municipalities to consider the
maintenance agreement in addition to the COVID emergency management and recovery response.Area
municipality staff have all agreed that another one-year extension of the existing agreement dated
January 1, 2020 to December 31, 2020 is appropriate given the inability to focus on making amendments
for a multi year agreement at this time.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The
delivery of core service.
FINANCIAL IMPLICATIONS:
Payment by the Region for winter and summer maintenance to the City of Kitchener is on average
$2,800,000annually(based on past three years)and is adjusted annually by inflation and by any
additional lane kilometerin accordance with the terms and conditions identified in the agreement.
The extension of the agreement allowsfor maintenance costs associated with new infrastructure to be
recovered on a time and materials basis.
COMMUNITY ENGAGEMENT:
INFORM
committee meeting.
PREVIOUS CONSIDERATION OF THIS MATTER:
Staff Report INS-14-019 dated September 8, 2014.
Staff Report INS-19-061 dated September 18, 2019.
ACKNOWLEDGED BY:Denise McGoldrick, General Manager, Infrastructure Services
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