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HomeMy WebLinkAboutCouncil Agenda - 2021-11-221 KiTc�ivER Council Meeting Agenda Monday, November 22, 2021, 7:00 p.m. Electronic Meeting Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is open for select services. Members of the public are invited to participate in this meeting electronically by accessing the meeting live -stream video at kitchener. ca/watch now 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 delegation(a)kitchener.ca. Please refer to the delegations section on the agenda below for registration deadlines. Written comments will be circulated prior to the meeting and will form part of the public record. 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 Pages 1. COMMENCEMENT The electronic meeting will begin with a Land Acknowledgement given by the Mayor and the singing of "O Canada." 2. MINUTES FOR APPROVAL Minutes to be accepted as mailed to the Mayor and Councillors (regular meeting held October 18, 2021 and special meetings held November 8, and November 15, 2021) - Councillor P. Singh. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. COMMUNICATIONS REFERRED TO FILE 4.1. Flag Request under Policy MUN-FAC-442 General Consulate of the Republic of Turkey in Toronto — November 2-8, 2021. 4.2. Vaccine Passport Program Acknowledgements of receipt of Council's resolution regarding the vaccine passport program from various municipalities. 4.3. 'Renovictions' Acknowledgements of receipt of Council's resolution regarding 'Renovictions' from various municipalities. 5. PRESENTATIONS 5.1. Volunteer Engagement - Long Service Recognition Awards Mayor B. Vrbanovic to present Volunteer Long Service Awards. 6. DELEGATIONS Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. Delegates must register by 5:00 p.m. on November 22, 2021, in order to participate electronically. 6.1. Boathouse, Victoria Park, a MUSIC Centered Venue 6.1.a. Peter Temple 6.1.b. Jordan Patterson 6.1.c. Gerry Muller 6.2. Community Volunteer Group - Henry Stuns Green (Community Garden Shed Request) 6.2.a. Margaret Santos, Red Raccoon Bike Rescue 6.2.b. Rebekah Haynes, ComeUnity Roots Garden 6.2.c. Peggy Nickels 6.3. Conversion Therapy Notice of Motion listed as Item 9.3. 6.3.a. Mark Hartburg, No Conversion Canada -Waterloo Region Steering Committee 6.3.b. Cait Glassen 6.3.c. Nicholas Schiavo, No Conversion Canada 6.3.d. Tamara Shantz 6.3.e. Dr. Kristopher Wells 6.3.f. Mandi Cowan 6.3.g. Melissa Kennedy Page 2 of 29 7. REPORTS OF COMMITTEES 7.1. FINANCE AND CORPORATE SERVICES COMMITTEE - November 8, 2021 7.1.a. DSD -2021-173 - Public Art Sculpture "Moments", McLennan Park and Public Art Policy Amendment That the deaccessioning and disposition of the sculptural public artwork titled "Moments", located in McLennan Park, as outlined in Development Services Department report DSD -2021-173, be approved; and, That the disposition methods prioritize an option that seeks to keep the work in the public sphere; and further, That Public Art Policy GOV-COR-816 be amended, as outlined in Report DSD -2021-173, to include a new section 4.19 identifying the reasons and process for deaccessioning artwork from the city's public art collection. 7.1.b. FIN -2021-57 - 2022 User Fees That the proposed fees and charges contained in the 2022 User Fee Schedule attached to Financial Services Department report FIN -2021- 57 be approved, save and except for the following: • items 863 to 871 related to cricket pitches; and, • item 1471 related to patio agreements, which were referred to November 22, 2021 Council meeting to allow staff an opportunity to review the financial impacts if the user fees were not increased for the 2022 budget; and further, That Legal Services staff be directed to prepare the necessary by- laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, building permits and Committee of Adjustment applications. 7.1.c. DSD -2021-162 - Brownfield Financial Incentive Program Review That the Brownfield Financial Incentive Program be amended by eliminating the 10% allowance for indirect costs, as described in Development Services Department report DSD -2021-162; and further; That staff be direct staff to review and report back on possible options to repurpose the proposed 10% reduction for the Brownfield Incentive program to another community benefit program, affordable housing being suggested as a possible option and report back in early 2022. Page 3 of 29 7.1.d. COR -2021-26 - 2022 Municipal & School Board Election - Alternative 12 Voting Methods That staff be directed to proceed with a paper ballot election including decentralized tabulators for the 2022 Municipal Election, outlined in Corporate Services Department report COR -2021-26; and further, That staff be directed to review an option for a mail -in ballots registration program and to report back on possible logistics to this alternative voting method for the November 22, 2021 Council meeting. Note: Staff have provided additional information related to mail -in ballots, which is outlined in Corporate Services Department report COR -2021-33, as attached to the agenda this date. 7.2. COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - November 8, 2021 7.2.a. CSD -2021-13 - Kitchener Easy Riders Cycle Club - Funding Agreement That the General Manager, Community Services be authorized to execute a Funding Agreement, subject to the satisfaction of the City Solicitor, with the Kitchener Easy Riders Cycle Club, to provide funding for operating a cycle club from December 2021 to May 2023, as outlined in Community Services Department report CSD -2021-13. 7.2.b. DSD -2021-174 - Transfer of Jurisdiction - Duke St W between Victoria Street and the Rail Corridor That Council support the assumption of Duke St between Victoria St and the rail corridor by the Region of Waterloo, as outlined in Development Services Department report DSD -2021-174; and further, That Council support the inclusion of an active transportation underpass on Duke Street at the rail corridor that connects the adjacent neighbourhood to downtown and the King/Victoria Transit Hub. 7.2.c. INS -2021-10 - RBJ Schlegel Park, Phase 2 - Consultant Fee Increase That an extension of the purchase order to a+LINK Architecture Inc., the RBJ Schlegel Park Phase 2 Design & Contract Administration, in the amount of $108,898 plus H.S.T., as outlined in Infrastructure Services Department report INS -2021-10, be approved. Page 4 of 29 7.3. PLANNING AND STRATEGIC INITIATIVES COMMITTEE - November 8, 2021 7.3.a. DSD -2021-168 - Zoning By-law Amendment ZBA/21/005/H/CD - 210 Heritage Drive - Pioneer Tower Homes Inc. That Zoning By-law Amendment Application ZBA21/005/H/CD for the property municipally addressed as 210 Heritage Drive for Pioneer Tower Homes Inc. be approved in the form shown in the "Proposed By-law", and "Map No. 1", attached to Development Services Department report DSD -2021-168 as Appendix "A"; and further, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA/21/005/H/CD. 7.3.b. DSD -2021-169 - Zoning By-law Amendment ZBA20/010/V/AP - 117 & 133 Vanier Drive - 2385235 Ontario Ltd. That Zoning By-law Amendment Application ZBA20/010/V/AP for the property municipally addressed as 117 & 133 Vanier Drive for 2385235 Ontario Ltd. be approved in the form shown in the Proposed By-law and Map No. 1 attached to Development Services Department report DSD -2021-169 as Attachment 'A'; and, That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor variances shall be permitted for lands subject to Zoning By-law Amendment Application ZBA20/010/V/AP; and further, That the Urban Design Brief for 117 & 133 Vanier Drive, prepared by GSP Group, dated April 2021, attached to Development Services Department report DSD -2021-169 as Attachment'B', be endorsed and provide general direction for Site Plan development. 8. UNFINISHED BUSINESS 8.1. None. 9. NEW BUSINESS 9.1. REGIONAL COUNCIL UPDATE — MAYOR B. VRBANOVIC Page 5 of 29 9.2. Notice of Motion - M. Johnston - Fire Safety Measures Councillor M. Johnston has given notice that she will introduce the following motion for consideration this date: "WHEREAS the Government of Ontario, in December 1975, enacted the Ontario Building Code for the purpose of regulating the construction of new, safe buildings within the Province of Ontario; and, WHEREAS the Government of Ontario, in November 1981 enacted the Ontario Fire Code for the purpose of maintaining the life safety systems of all buildings within the Province of Ontario; and, WHEREAS the Government of Ontario, in November 1983 began the process of amending the Ontario Fire Code to include Retrofit provisions, for the purpose of providing a minimum level of life safety for those existing buildings which had not been built under the provisions of any version of the Ontario Building Code; and, WHEREAS the government of Ontario, in October 1992 amended the Ontario Fire Code Retrofit provisions, for the purpose of providing a minimum level of life safety to buildings classed as low rise residential (9.5); and, WHEREAS October 2021 marks twenty-nine (29) years since the requirements outlined by Retrofit 9.5 have been substantially updated; and, WHEREAS this lack of currently appropriate standards for self- closing devices on suite doors and positive latching on exit stairwell doors has led to significant serious injuries, deaths, long term dislodgement of residents, and significant unnecessary insurance loss due to allowed building deficiencies; THEREFORE IT BE RESOLVED that the City of Kitchener urges the Government of Ontario to direct the Ontario Fire Marshal's Office — Technical Services, to undertake an immediate review of that portion of the Ontario Fire Code known as Retrofit Section 9.5; THEREFORE IT FURTHER BE RESOLVED that the City of Kitchener urges the Government of Ontario to, as expeditiously as possible, amend the Ontario Fire Code Sentence 9.5.2.8.(1) to require self closing devices on all suite closures (doors) within low rise residential buildings; and, Page 6 of 29 THEREFORE IT FURTHER BE RESOLVED that the City of Kitchener urges the Government of Ontario to, as expeditiously as possible, amend the Ontario Fire Code Sentence 9.5.3.3.(3) to require that closures (doors) entering exit stairwells be equipped with both self-closing devices and positive latching; and, THEREFORE IT FINALLY BE RESOLVED that a copy of this resolution be forwarded to the Honourable Premier of Ontario, the Minster of Municipal Affairs and Housing, the Association of Municipalities of Ontario; and, all other Ontario municipalities." 9.3. Notice of Motion - D. Chapman - Conversion Therapy Councillor D. Chapman has given notice that she will introduce the following motion for consideration this date: "WHEREAS Conversion practices or conversion "therapy" (also known as "reparative therapy", "reintegrative therapy" or "aversion therapy") include any treatment, practice, or sustained effort that has the intended effect of denying, repressing, discouraging or changing a person's non -heterosexual sexual orientation, non- cisgender gender identity or gender expression, or any behaviours associated with a gender other than the person's sex assigned at birth; and, WHEREAS all such practices are unscientific, dangerous and proven to cause harm to their victims; and, WHEREAS such practices are opposed by more than 50 professional associations, including the Canadian Association the Canadian Association of Social Workers, Canadian Psychiatric Association, Canadian Professional Association for Transgender Health, Canadian Psychological Association, College of Registered Psychotherapists of Ontario, as well as the United Nations and World Health Organization; and, WHEREAS Bill C-6-2020, An Act to Amend the Criminal Code (Conversion Therapy), which proposed five conversion therapy - related offences, was an historic piece of legislation preceded by decades of advocacy by conversion practice survivors, that progressed to the second reading stage in the Senate before dying on the order paper when an election was called in August 2021; and, WHEREAS several cities across Canada have adopted bylaws to prohibit conversion practices or are in the process of doing so, including the City of Kingston and the City of Thunder Bay in Page 7 of 29 Ontario; and, WHEREAS the City has adopted a Strategic Plan with a theme of being a "Caring Community", which includes a commitment to supporting our diverse populations, including the removal of social stigmas and where possible being more equitable and inclusive; and, WHEREAS Kitchener continues to seek opportunities to demonstrate leadership in making all those within our community feel equal and included; THEREFORE BE IT RESOLVED that Kitchener City Council formally denounce conversion practices as dangerous and harmful, perpetuating myths and stereotypes about sexual orientation and gender identity and expression; and, THEREFORE BE IT FURTHER RESOLVED that the City of Kitchener request our Office of Equity, Anti -Racism and Indigenous Initiatives explore ways to support conversion therapy survivors and those at risk; and, THEREFORE BE IT FURTHER RESOLVED that Kitchener City Council direct City staff to continue to monitor legislative developments at the federal and/or provincial orders of government pertaining to conversion therapy, and in conjunction with any actions taken by them and our regional and municipal partners locally, bring a report to Council outlining any further legislative and/or policy actions which may be contemplated by the municipality to further prohibit conversion practices, and, THEREFORE BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Right Honourable Prime Minister of Canada, Minister of Housing, and Diversity and Inclusion, Minister of Justice, Minister for Women and Gender Equality and Youth, and area Members of Parliament urging creation of a new bill within the first 100 days of their mandate which will include a "no consent" provision to protect Canadians of all ages; and, THEREFORE BE IT FINALLY RESOLVED that a copy of this resolution be forward to the Honourable Premier of Ontario, area Members of Provincial Parliament, the Association of Municipalities of Ontario, and all other municipalities in Ontario encouraging both the Province and other municipalities to also formally denounce and take action to prohibit conversion practices against all persons regardless of age." Page 8 of 29 9.4. Notice of Motion - P. Singh - Parking Management - Site Plan Approval Section 41 Development Agreements Councillor P. Singh has given notice that he will introduce the following motion for consideration this date: "WHEREAS the City of Kitchener is the approval authority of Site Plan approval under Section 41 of the Planning Act; and, WHEREAS the site plan approval process is delegated to the Director of Planning, the Manager of Site Development and Customer Service, and the Manager of Development Review; and, WHEREAS conditions of site plan approval are issued by the Director of Planning; and, WHEREAS redevelopment of a property may require the temporary relocation of required on-site parking, as required by City of Kitchener zoning by-laws; and, WHEREAS the development of a property may require temporary parking during construction; and, THEREFORE BE IT RESOLVED that staff be directed to develop a new approval condition, for inclusion in certain Section 41 Development Agreements, to require an Owner to make suitable arrangements for alternative off-site parking for development sites where required on-site parking is displaced during construction, to the satisfaction of the City Solicitor and the City's Director of Transportation Services; and, THEREFORE BE IT RESOLVED that staff be directed to develop a new condition, to be included in certain Section 41 Development Agreements, to require an Owner to require approval of a construction Parking Management Plan, to the satisfaction of the City Solicitor and the City's Director of Transportation Services." 10. QUESTIONS AND ANSWERS 11. BY-LAWS 11.1. 1 STAND 2ND READING 11.1.a. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Coderegarding By-law Enforcement. 11.1.b. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. Page 9 of 29 12. 13. 11.1.c. To further amend By-law No. 88-171, being a by-law todesignate private roadways as fire routes and to prohibit parking thereon. 11.1.d. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. 11.1.e. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 11.1.f. To confirm all actions and proceedings of the Council. COMMITTEE OF THE WHOLE 12.1. TENDERS 12.1.a. FIN -2021-44 - Non -Standard Procurement - SolarWall System at Forest Heights Pool That DBM Perfcon Inc, Toronto, Ontario, be the sole source provider for the turnkey installation of a SolarWall system at Forest Heights Pool, at a cost of $151,312.20, plus H.S.T. of $19,670.59, for a total of $170,982.79, provided a satisfactory contract is executed. 12.2. ADMINISTRATIVE REPORTS 12.2.a. COR -2021-30 - Mid-term Citizen Appointments for Advisory Committees and Boards That the list of recommended citizen candidates for mid-term advisory committee vacancies for the term of December 1, 2021 to November 14, 2022, as outlined in COR -2021-30, be approved; and, That James Phillips and Rosa Lupo be approved as Independent Directors for the Board of Kitchener Power Corporation for the term indicated in Appendix "A", as attached to staff report COR -2021-30. 12.2. b. COR -2021-29 - 2022 Council and Standing Committee Schedule That the 2022 meeting schedule of Council and Standing Committee, as attached to Corporate Services Department report COR -2021-29, be approved; and further, That Council be permitted to amend the calendar as necessary by resolution. REPORT OF THE COMMITTEE OF THE WHOLE UN 21 26 Page 10 of 29 14. BY-LAWS 14.1. 3RD READING 14.1.a. Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. 14.1.b. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. 14.1.c. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. 14.1.d. To further amend By-law No. 2008-117, being a by-law to authorize certain on -street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. 14.1.e. Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. 14.1.f. To confirm all actions and proceedings of the Council. 15. ADJOURNMENT Page 11 of 29 i Staff Report �T R Corporate Services Departr7ent www. kitchener. ca REPORT TO: Council DATE OF MEETING: November 22, 2021 SUBMITTED BY: Tarling, Christine, Director of Legislative Services/City Clerk, 519- 741-2200 ext. 7809 PREPARED BY: Boomer, Cody, Election Project Manager, 519-519-741-2200 ext. 7273 WARD(S) INVOLVED: All DATE OF REPORT: November 17, 2021 REPORT NO.: COR -2021-33 SUBJECT: 2022 Municipal & School Board Election — Mail -in Ballots as a Supplementary Voting Option RECOMMENDATION: For Information. REPORT HIGHLIGHTS: • The purpose of this report is to provide additional information regarding mail -in ballots as per Council's request on November 8t", 2021. • Implementing mail -in ballots would require a large increase in the election budget and the risks associated with mail -in ballots outweigh the benefits. • Instead of mail -in ballots, staff proposes to explore other means by which to deliver the vote to eligible electors to address equity, accessibility, customer service, and pandemic planning needs. • Community engagement feedback regarding mail -in ballots indicates it was the third ranked voting option out of four. • This report supports the delivery of core services. BACKGROUND: Upon receipt and consideration of staff report COR -2021-26 — 2022 Municipal & School Board Election — Alternative Voting Methods, dated November 8, 2021, Council directed staff to provide more information regarding mail -in ballots specifically. By-law 2006-135 is already in place for the use of paper ballots/tabulators in all Kitchener municipal elections and so would remain as the primary voting method for the 2022 municipal and school board elections. The purpose of this report is to present Council with additional information regarding mail -in ballots as a potential supplementary voting method for 2022. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 12 of 29 In COR -2021-26 City staff used well-established election principles and factors in analyzing the various alternative voting methods. These same principles and factors, as listed below, were also used in analyzing mail -in ballots specifically. Election Principles: • Accessibility — The election is compliant with Accessibility for Ontarians with Disabilities Act (AODA) and enable all stakeholders who wish to participate to do so. • Equity — The election is equitable and fair for all stakeholders. • Security — Ballots cast will be secure from tampering. • Secrecy — An individual's ballot and personally identifiable information will be confidential. • Integrity — Integrity of the voting process and election record will be upheld. • Verifiability — Election results will be auditable and defendable. • Legally Binding — The election processes and procedures will adhere to the requirements of the MEA and other applicable legislation and governing policies. Factors: • Cost — Administration of the election is cost effective. • Customer Service — Continue to improve our procedures and processes. • Efficiency — An easy and facilitated voting experience. • Counting & Results Reporting — Reliable and timely results tabulation • Pandemic planning — Ability to provide for a safe and healthy election. REPORT: Analysis of Mail -in Ballots Mail -in ballots is one of three alternative voting methods available for use by municipalities in Ontario. According to data received by AMCTO in 2018, 48 municipalities used mail -in ballots for their municipal election. While staff is aware of some Ontario municipalities similar in size to Kitchener that will use mail -in ballots for the 2022 election, staff do not know at this moment what the total number of municipalities using this method will be. Permitting mail -in ballots as a supplementary method would provide electors with an additional method to cast their ballot. The general process for casting a mail -in ballot would be as follows: 1. A voter registers with the City by a registration deadline requesting a mail -in ballot. 2. Election staff tracks the requests and verifies each voter's information on the Voters' List. 3. Election staff prepares and mails kits that include the ballot, voter declaration card, a secrecy envelope, and a return envelope with pre -paid postage. 4. The voter marks and seals their ballot in the secrecy envelope and sends the ballot back to the City with the voter declaration card in the return envelope. 5. Election staff receives and opens the returned kit, separates the voter declaration card from the sealed ballot. The voter is struck from the Voters' List and the sealed ballot is stored in a secured location until time of tabulation. Page 13 of 29 Staff previously recommended internet voting because it best achieved our election principles and factors. Mail -in ballots achieves only some level of improvement and at a considerably higher cost. Election staff believes improvements to equity, accessibility, and customer service as well as pandemic planning can be achieved via other means with less cost. Benefits and Drawbacks of Mail -in Ballots Benefits provided: • Utilized by other levels of government including the recent Federal election which would increase the comfort level of those who chose to vote by mail in that election. • Ability for an elector to complete their ballot outside of traditional voting hours which enhances equity for those who are unable to vote at advanced polls or on Election Day. • Offers a semi -remote voting option which limits contact and could increase health and safety if there were an ongoing pandemic during the election. • Unlike internet voting, physical ballots are readily available in the case of a judicial recount. Drawbacks to consider: Ballot Casting and Ballot Package Errors: • Electors risk the chance of unintentionally marking or spoiling their ballots without the opportunity to re -cast their mismarked ballot. With the inability to re -cast a ballot, a ballot may be unable to be counted. • Limited ability for election staff to support electors while completing their ballot. This would reduce the level of customer service election staff could provide which could potentially increase the number of spoiled ballots. • Electors are required to complete a declaration stating and confirming their identity and ability to vote. If the voter does not sign or send a voter declaration, the ballot cannot be counted. This would include many variations of this problem, such as multiple ballots being submitted with only one accompanying voter declaration form. • Electors are required to submit their ballot in a secrecy envelope inside the return envelope. If an elector does not submit their ballot in the secrecy envelope, their ballot secrecy would be compromised as the accompanying voter declaration form would identify them. • Electors experiencing a disability, such as a visual impairment, do not have the same supporting technology to cast their ballot. Overall, while permitting electors to complete their ballot remotely, mail -in ballots do not facilitate the same level of independence as other options. Voter Fraud/Coercion: • The opportunity for fraud is increased by permitting a ballot to be completed remotely outside of election worker supervision. The opportunity for electors to complete the ballot on behalf of others is increased by this lack of supervision. • The opportunity for voter coercion is also increased due to this lack of supervision and increases the chances of an elector influencing how one or more other electors cast their votes. Page 14 of 29 Postal System Issues: • Ballot packages could be damaged during the mailing process both to and from electors. Depending on the damaged sustained, such ballots might not be able to be counted and there might not be sufficient time to issue another ballot to the voter. • The timeline for providing mail -in ballots is during a very high-volume mail period as all municipalities, including Kitchener, are also mailing voter notification cards to all eligible electors. Due to a potentially unforeseen delay, staff's best effort to set expectations for mail -in ballot deadlines could still be missed by voters. • A postal strike at any point during the vote by mail period would prevent sending and/or receiving mail -in ballot packages. • There is a risk that a mail -in package could be intercepted. Late Registrations or Ballots: • Due to the extended nomination period for 2022, Election staff have a considerably shortened timeline to produce, test and mail the voter kits to facilitate mail -in ballots. This truncated period will also shorten the registration deadline for electors to request a mail -in ballot package. If this deadline is missed, electors will be unable to request/receive a mail -in ballot package. • Ballots received by Election staff after the cut-off period cannot be counted. Increase in Administrative Support: • Considerable staff resources will be required to process mail -in ballot packages and strike the voter off the Voters' List in time to produce an updated Voters' List for Election Day. • Considerable staff resources would be required to support elector questions and inquires regarding mail -in ballots as well as other various election -related questions which could result in delayed responses to electors, candidates, etc. • Candidates and scrutineers would need to be available for prescribed tabulation periods. • Prolonged or delayed election results are a possibility as staff are unable to anticipate the number of mail -in ballots received on Election Day. Other Important Considerations: • While mail -in ballots would permit electors to complete their ballot at a time convenient to them, electors would still be required to physically go to a mailbox or postal office to send in their ballot. • Staff's initial recommendation of internet voting was not to create a contingency plan for running an election during a pandemic, but rather to increase accessibility and equity overall. Pandemic planning was only one of many factors for consideration. Staff's Position Rather than using mail -in ballots, staff believes there are other deployment tactics and election strategies that can be explored to improve election processes such as expanding advanced voting dates/times, looking at different advanced polling locations, further increasing communications regarding the Voters' List, and bringing the vote to electors where feasible in order to achieve the election principles and factors, and further enable eligible electors to cast their ballot. Page 15 of 29 If Council wishes to pursue mail -in ballots in 2022, staff advises a limited deployment via a registration -based system. A registration -based system would help to ameliorate the cost of mail -in ballots versus sending mail -in ballots to all eligible electors. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: In 2018, the cost of holding Kitchener's municipal election was $559,444.35. This expense was paid out of a reserve fund collected over the term between elections and provided for election workers and staff, 77 voting locations and 16 institutions on Election Day, leasing equipment and software, postage, and supplies. Mail -in ballots are the most expensive of the alternative voting method options. Our calculations below are based on a 25% utilization rate. Due to this method being new, staff will need to plan for various levels of uptake in order to have sufficient mail -in ballot packages for those who request it. Cost of Mail -in Ballots for 25% of Eligible Electors Vote by mail kits $ 187,500.00 Mail out postage $ 31,875.00 Pre -paid return postage $ 36,000.00 3 High-volume tabulators $ 9,000.00 Memory cards $ 480.00 Vote -by -mail system $ 14,000.00 Estimate cost of adding mail -in ballots $ 278,855.00* * Does not include additional staffing resources, advertisements, or taxes. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Engagement Survey The City launched an online engagement survey regarding alternative voting methods that was open from July 9, 2021 to August 31, 2021. With online and in-person responses the survey received 1025 responses overall and 1014 ranked the four different voting methods. Results from the survey indicate 7.2% of respondents ranked mail -in ballots as the top voting method. Themes from community feedback regarding mail -in ballots are as follows. Rationale for preferring mail -in ballots: • Complete the ballot at home/convenience; • Secure/Only trust paper ballots/paper record; • Time to consider who to vote for; Page 16 of 29 • Widely accessed postal service/accessible; • Not tech savvy/don't trust technology; and, • COVID-19 considerations/limiting contact. Rationale for not preferring mail -in ballots: • Could be tricky to get right/multiple envelopes and confusing ballot; • Still need to walk to a mailbox or post office; • Chance for mistakes/spoiled ballot; • Distrust in postal system/lost ballot; • Late submission of ballot/forget to send/cannot be done election day; • Potential for fraud/intercepted mail/not secure/getting into the wrong hands; • Never used traditional mail system before; • Outdated method; and, • Reference to US presidential election. PREVIOUS REPORTS/AUTHORITIES: • COR -2021-26 —2022 Municipal & School Board Election —Alternative Voting Methods APPROVED BY: Victoria Raab, GM, Corporate Services Department Page 17 of 29 I Staff Repod Financial Services Department www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: 2021-11-22 SUBMITTED BY: Ryan Scott, Manager, Procurement, 519-741-2200 ext. 7214 PREPARED BY: Chris Oke, Manager, Project Delivery, 519-741-2200 ext. 4225 WARD (S) INVOLVED: N/A DATE OF REPORT: 2021-09-08 REPORT NO.: FIN -2021-44 SUBJECT: Non -Standard Procurement — SolarWall System at Forest Heights Pool RECOMMENDATION: That DBM Perfcon Inc, Toronto, Ontario, be the sole source provider for the turnkey installation of a SolarWall system at Forest Heights Pool, at a cost of $151,312.20, plus H.S.T. of $19,670.59, for a total of $170,982.79, provided a satisfactory contract is executed. BACKGROUND: To reduce green house gas emissions and save energy through operating costs a pilot project to install a SolarWall system at Forest Heights Pool was approved in the 2020 capital budget through the CorCap sustainability fund. Facilities Management plans to monitor the cost savings and reduction in green house gas emissions over the course of a year and propose a larger strategy for strategic facilities within the City's portfolio to meet the emission reduction targets SolarWall is new technology developed in the United States and recently introduced to Canada. The system consists of perforated metal panels mounted on a building's sun -facing exterior wall, the panels absorb heat from the sun and in turn heat the air space between the panel and the building's wall. The heated air is then pulled into the building's ventilation or HVAC system via a fan, saving on heating costs and reducing the amount of fossil fuels used. For every 5 square metres (54 sq.ft.) of SolarWall panels installed, about 1 ton of carbon dioxide emissions is displaced each year. In winter, buildings consume tremendous amounts of fossil fuel to heat fresh air as it enters the building's HVAC system to in turn heat the interior space. The system proposed at the Forest Heights Pool is a two-stage panel system that is designed to preheat large volumes of fresh air in the colder months through solar heat gain before entering the buildings HVAC system. Significantly less fossil fuel is required to heat the solar -heated fresh air to a set point. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 18 of 29 REPORT: As per clause 170.8.2 of the Purchasing By-law 2017-106, it states, "The use of a Non -Standard Procurement process is only permitted under the following circumstances: c. where there is an absence of competition for technical reasons and the Goods, Services, Construction, or Consulting Services can only be supplied by one particular Supplier and no alternative or substitute exists;" As per clause 170.8.3 of the Purchasing By-law 2017-106, it states, "All non-standard Procurement processes must be approved and conducted in accordance with this By-law including the table set out in this section and all applicable procedures." Requirement Procurement Value Excluding Taxes Procurement Process Approval Authority Goods, Up to $99,999 Non -Competitive or Director of Supply Services, Construction, Limited Competition Services Consulting Services Goods, Greater than Non -Competitive or Council Services, Construction, $100,000 Limited Competition Consulting Services SolarWall, to date, is the only Canadian company proven to deliver an effective product. DBM Perfcon Inc is a trusted install partner of SolarWall that can provide a turnkey installation of the product integrated with the existing heating system at the Forest Heights Pool. The original budget proposed in 2020 was compiled in 2019 without a contingency added and was pre - pandemic. Due to extreme cost escalations and supply chain constraints the cost of this system and its components has increased significantly. An additional contingency of 30% has been added to mitigate risk associated with unforeseen future cost escalations or supply chain issues. The recommendation was reviewed by Asad Qureshi, Director — Facilities Management who concurs with the above recommendation. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service and the Corporate Climate Action Plan to reduce green house gas emissions. Page 19 of 29 FINANCIAL IMPLICATIONS: The net capital cost for this purchase is fair and reasonable for a purchase of this scope (A), although the upset limit exceeds the budget allowance (B) provided within the budget. Funding for this project is included within the approved capital budget. The estimated deficit (C) will be funded from the CorCap capital account. There are sufficient funds in the account to fund the deficit. FIN -2021-44 SolarWall System Turnkey Install - FHP Estimated Cost for this Component Quotation FIN -2021-44 costs, including HST Contingency added 30% less: HST rebate Net Cost Being Awarded Budget for this project Approved Budget Total Budget 131,525.22 39,457.57 (17,007.48) 153,975.30 A Total Estimated Surplus/(Deficit) (73,975.30) C COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services Department Page 20 of 29 'Staff Report ` Corporate Services Lle,oartrnent www. kitchener. ca REPORT TO: Committee of the Whole DATE OF MEETING: November 22, 2021 SUBMITTED BY: Christine Tarling, Director of Legislative Services/City Clerk, 519- 741-2200 ext. 7809 PREPARED BY: Christine Tarling, Director of Legislative Services/City Clerk, 519- 741-2200 ext. 7809 WARD(S) INVOLVED: All Wards DATE OF REPORT: November 18, 2021 REPORT NO.: COR -2021-30 SUBJECT: Mid-term Appointments for Advisory Committees and Boards RECOMMENDATION: That the list of recommended citizen candidates for mid-term advisory committee vacancies for the term of December 1, 2021 to November 14, 2022, as outlined in COR -2021-30, be approved; and, That James Phillips and Rosa Lupo be approved as Independent Directors for the Board of Kitchener Power Corporation for the term indicated in Appendix "A", as attached to staff report COR -2021-30. REPORT HIGHLIGHTS: • The purpose of this report is to appoint citizens for mid-term vacancies on various advisory committees of Council. • The financial implications are none. • Community engagement included posting this report online. • Selections of Nominating Committee were made with diversity as a key factor. • This report supports the delivery of core services. BACKGROUND: On November 23, 2020, Council approved appointments to various advisory committees including Heritage Kitchener for the term ending November 14, 2022. For mid-term vacancies, the selection process is for staff to reach out to applicants who had previously applied but who had not been appointed, as well as to accept new applications if any have been received. Staff determine the eligibility of all applicants and once their eligibility is confirmed, their names are put forward for consideration. If there are more applications than vacancies, the applications are forwarded to the Nominating Committee to make a recommendation for Council's decision. If there are not, the Director of Legislated Services/City Clerk makes a recommendation directly to Council. The Board of Kitchener Power Corporation candidates for Council's approval and so recommendation. (KPC) is responsible for selecting its own are not considered by the Committee for Page 21 of 29 REPORT: Compass Kitchener Compass Kitchener has experienced attrition over the past few months and so has four (4) vacancies. The following 4 individuals have applied and are being recommended for appointment: • Michelle Goveas • Marion Uwadiegu • Andrea Thornton • Diane Pinkerton Downtown Action & Advisory Committee This committee has two (2) vacancies for the sector of Building Owner/Local Developer. The 2 applications being recommended are as follows: • Farzaneh Tohidi • Tyler Ulmer Economic Development Advisory Committee There have been various sector -specific vacancies on this committee since the fall recruitment of 2020. The Nominating Committee is recommending two (2) applicants for Downtown Office Owner which would represent an over -appointment for this vacancy but not an over -appointment for EDAC overall. In addition, there is one (1) applicant each for the Community Member at Large and the Arts and Culture vacancies. The following applicants are being recommended by the Nominating Committee as follows: • Youssef Helwa — Downtown Office Owner. Note the applicant's business is located at Wellington Street North and the Conestoga Parkway. • Joseph Puopolo — Downtown Office Owner. Note the applicant's business is located at Queen Street and Courtland Avenue. • Srikanth Desikacher — Community Member at Large. • Paul McDonald —Arts and Culture. Heritage Kitchener Since the fall recruitment of 2020, there has remained a vacancy for the St. Mary's Heritage Conservation District and the member fulfilling the position for the Civic Centre Heritage Conservation District has resigned. The following are being recommended for Council's consideration: • Shannon Eckel -Braun — St. Mary's Heritage Conservation District. Note the applicant lives just outside of this HCD but given that this position has been vacant for several recruitment cycles, Council may wish to appoint the applicant. • Jamie Tyler — Civic Centre Heritage Conservation District Safe & Healthy Advisory Committee This committee only has one (1) vacancy for Community Member at Large but the Nominating Committee feels both applicants would make a valuable contribution to the committee so are recommending both as follows: Page 22 of 29 Megan Schnittke Lucia Liu Kitchener Power Corporation As per the attached letter from Jerry Van Ooteghem, Board Secretary for Kitchener Power Corporation (Appendix "A"), James Phillips and Rosa Lupo are being presented for Council's consideration for a one-year term or until they otherwise cease to be a director of the Corporation effective June 1, 2022. Demographics of Applicants Including CITS Not Including CITS Page 23 of 29 Number of Applicants Percentage of Applicants Number Nominated Percentage Nominated 18-24 1 2.6% 1 7.7% 25-34 9 23.7% 4 30.8% 30-39 2 5.3% 1 7.7% 40-49 2 5.3% 1 7.7% Age 35-44 11 29% 4 30.8% 45-54 8 21% 1 7.7% 60-64 1 2.6% 1 7.7% 55-64 3 7.9% 0 0% 65 or over 1 2.6% 0 0% Woman 17 44.7% 8 31.5% Queer/Gender Fluid 0 0 0 0% Man 17 44.7% 3 23% Non-Biner 0 0 0 0% Trans Woman 0 0 0 0% Gender Identity Trans Man 0 0 0 0% Two Spirit 0 0 0 0% I do not identify with ender 0 0 0 0% Prefer Not to Answer 3 7.8% 1 7.7% Other 1 2.6% 1 7.7% Disability 1 2.6% 1 7.7% Member of Racialzed Group 8 21% 3 23.1 % Groups Immigrant or refugee 4 10.5% 2 15.4% Identify as 2LSLGBTQ 1 2.6% 0 0% member of First Nations, Inuit or Metis 0 0 0 0% None 22 57.9% 4 30.8% Prefer Not to Answer 7 1 18.42% 1 4 1 30.8% Total Eligible Applicants 38 13 Including CITS Not Including CITS Page 23 of 29 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: None. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — A total of 1025 responses were received through online and in-person engagement surveys. Responses were not required for each question and allowed participants to skip questions. PREVIOUS REPORTS/AUTHORITIES: • COR -20-016 —Nominating Committee— Citizen Appointments to Advisory/Quasi- judicial Committees and Boards (2020-2022) APPROVED BY: Victoria Raab, General Manager, Corporate Services Page 24 of 29 Appendix A November 15, 2021 City of Kitchener City Hall, P.O. Box 1118 200 King Street West Kitchener, ON N2G 4G7 Attention: Ms. C. Tarling, City Clerk Re: Nominations - Board of Directors Kitchener Power Corp. Dear Ms. Tarling: Jerry Van Ooteghern, P. Eng., President & CEO T 1519-749-6180 F 1519-571-9338 jvanooteghem@kwhydro.ca Please note that the Board of Directors of Kitchener Power Corp. has passed the following motion at a meeting on September 17, 2021: "THAT Mr. James Phillips and Ms. Rosa Lupo be nominated to serve as Independent Directors of Kitchener Power Corp. effective June 1, 2022, for a one-year term or until they otherwise cease to be a director of the Corporation." Could you please have Council approve this recommendation. In addition, could you please advise us of the Councillors who will serve on the board for the term June 1, 2022 to May 31, 2023. Yours truly, J. Van Ooteghem, P.Eng., Board Secretary JVO:jd w�yof 29 301 Victoria Street South, P.O. Box 9010, Kitchener, ON N2G 4LPagek2 2 dro.ca l Staff Report 1Tx Corporate Services Departr7ent www. kitchener. ca REPORT TO: Committee of the Whole DATE OF MEETING: November 22, 2021 SUBMITTED BY: Dianna Saunderson, Interim Manager of Council/Committee Services & , Deputy Clerk, 519-741-2200, ext. 7278 PREPARED BY: Sarah Goldrup, Committee Administrator, 519-741-2200 ext. 7275 WARD(S) INVOLVED: All Wards DATE OF REPORT: November 8, 2021 REPORT NO.: COR -2021-29 SUBJECT: 2022 Council & Standing Committee Schedule RECOMMENDATION: That the 2022 meeting schedule of Council and Standing Committee, as attached to Corporate Services Department report COR -2021-29, be approved; and further, That Council be permitted to amend the calendar as necessary by resolution. BACKGROUND: Each year, a schedule of Council and Standing Committee meetings is adopted. Meetings are scheduled on rotating Mondays and generally include a one-week recess between Standing Committee and Council. This break provides Council with additional time to consider agenda items and connect with constituents on matters of public interest while also providing an opportunity for staff to gather further information as requested by Council. Where possible, the 2022 schedule was designed to consider the Region of Waterloo's pattern of Committee meetings on the second Tuesday and Council meetings on the third Wednesday. The schedule also considers factors that Council has historically taken into account when scheduling meetings, such as all Statutory Holidays, March Break, a summer break in July, and the Federation of Canadian Municipalities (FCM) and Association of Municipalities of Ontario (AMO) conferences. REPORT: The draft 2022 meeting schedule has been developed based on the factors outlined above and attached as Appendix `A' to this report for Council's consideration. The proposed 2022 calendar also incorporates feedback from City business units including Planning, Engineering, Financial Operations, and Financial Planning and Reporting. Because 2022 is an election year, the schedule limits the number of meetings after Nomination Day to minimize exposure to restrictions on Council as outlined in Section 275, Restricted Acts After Nomination Day, Municipal Act, 2001 (also know as "lame duck" period). The proposed 2022 calendar still provides one additional cycle of Standing Committee and Council meetings *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 26 of 29 to attend to any urgent City business. As in previous election years, no meetings will be scheduled in October, leading up to Election Day. As with past election years, the Public Budget Session is proposed to take place on a dedicated night in January 2023. Doing so will allow the public an opportunity to identify community priorities that should be considered when forming the annual city budget. The following is a listing of Holidays, March Break, municipal conferences, and key election dates for 2022 considered when developing the meeting schedule. Holidays and Municipal Conferences: • New Year's Day - Jan. 3, 2022 (observed) • Family Day Canada - Feb. 21, 2022 • March Break - Mar. 14 to 18, 2022 • Good Friday - Apr. 15, 2022 • Easter Monday - Apr. 18, 2022 • Victoria Day - May 23, 2022 • FCM Conference - Jun. 2 to 5, 2022 • Canada Day - Jul. 1, 2022 • Civic Holiday - Aug. 1, 2022 • AMO Conference - Aug. 14 to 17, 2022 • Labour Day - Sep. 5, 2022 • Thanksgiving - Oct. 10, 2022 • Remembrance Day — Nov. 11, 2022 • Christmas Day - Dec. 26, 2022 (observed) • Boxing Day - Dec. 27, 2022 (observed) Key Election Dates: • Nomination Day - Aug. 19, 2022 • Election Day - Oct. 24, 2022 • New Term of Council Commences - Nov. 15, 2022 • Inaugural Meeting - Nov. 21, 2022 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Page 27 of 29 PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Victoria Raab, General Manager, Corporate Services ATTACHMENTS: Attachment A — 2022 Council & Standing Committee Schedule Page 28 of 29 CITY OF KITCHENER _ Krrc�:�i R 2022 MEETING SCHEDULE JANUARY I I FEBRUARY I I MARCH 16 17 1 18 1 19 1 20 1 21 1 22 20 22 1 23 1 24 1 25 1 26 20 A 1 22 1 23 1 24 23 A 25 26 27 28 29 27 S 27 30 29 30 31 30 31 APRIL MAY JUNE Su Mo Tu We Th Fr S. Su Mo Tu We Th Fr Sa Su FMo I Tu I We I Th 17 1,6 1 19 1 20 21 1 22 1 23 1 22 24 1 25 1 26 1 27 1 28 19 1 C 1 21 1 22 1 23 24 SC 26 27 28 29 30 29 A 31 26 27 28 29 30 JULY AUGUST SEPTEMBER Su I Mo I Tu I We I Th I Fr I S. Su Mo Tu I We I Th I Fr I S. Su FMo I Tu I We I Th I I 17 18 1 19 1 20 21 1 22 1 23 1 21 1 S 1 23 1 24 1 25 1 26 1 27 18 1 A 1 20 1 21 1 22 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 31 OCTOBER NOVEMBER DECEMBER Su I Mo I Tu I We I Th I Fr I S. Su T Mo Tu I We I Th I Fr I S. Su Mo I Tu I We I Th 16 17 1 18 1 19 1 20 1 21 1 22 1 1 20 1 I 1 22 1 23 1 24 1 25 1 26 1 1 18 1 19 1 20 1 21 1 22 1 23 1 24 23 E 25 26 27 28 29 27 28 29 30 27 28 29 30 31 30 31 COUNCIL I COMMITTEE OFC THE WHOLE STANDING STANDING COMMITTEE A COUNCIL I AUDIT COMMITTEE /HOLIDAYS/STATUTORY LIEU DAY S` COUNCILISTRAT SESSION B FINAL PB PUBLIC BUDGET BUDGET INPUT QP OPERATING BUDGET L`A CAPITAL BUDGET ❑COUNCIL I STRAT SESSION I SA AUDIT COMMITTEE MARCH BREAK (14-18) �FCM CONFERENCE (TENT June 2-5) AMO CONFERENCE (Aug 14-17) mNOMINATION DAY ELECTION DAY F i—I INAUGURATION DAY Page 29 of 29