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2006-08-08 City Council

Event date: Tuesday, August 08, 2006, at 6:30 PM

Agenda - Minutes

City Council Agenda
August 08, 2006 at 6:30 PM - Council Chambers

The Lord’s Prayer

Thirty Seconds Of Silent Prayer

National Anthem

Ceremonial Presentation – Mayor Sutherland will present a Certificate of Recognition to Luke Allen, Steve Caban, Kelly Gellatly, Stephanie Smith, Lisa Butler, Adam Guthrie, Nicholas Rybak and Jeff Walker for their achievement at the recent National Summer Games.

1. Adoption of Minutes

Minutes of the meeting of Council held on:

a) July 3, 2006

2. Disclosure Of Pecuniary Interest

3. Delegations – Items on the Agenda

a) Audit Committee Report

None at this time.

b) Committee of the Whole Report

Greg Simmons will make a delegation regarding Item 16 of Committee of the Whole Report 16 (Peterborough Fire Fighters Association).

Marie Bongard will make a delegation regarding Item 19 of Committee of the Whole Report 16 (Transit Study).

c) Other Items on this Agenda

None at this time.

4. Reports And Communications

a) Audit Committee Report No. 1

Audit Committee meeting of July 24, 2006

b) Committee of the Whole Report No. 16

Committee of the Whole meeting of July 31, 2006

c) Committee of the Whole Report No. 17

Committee of the Whole meeting of August 8, 2006

5. Notices Of Motions

There are no notices of motion.

6. By-Laws

06-120 Being A By-Law To Appoint Parking Enforcement Officers at 340-360 George Street North (Peterborough Square), 871-875 Chemong Road (Brookdale Plaza), 371-381 Queen Street, 645 Lansdowne Street West (Lansdowne Place)

06-121 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Jumper Productions Ltd

06-122 Being A By-Law To Exempt The Lands Known Municipally As 526 McDonnel Street From Taxation For Municipal And School Purposes

06-123 Being A By-Law To Establish Certain Lands In The City Of Peterborough As Part Of The Public Highway Named Armour Road

06-124 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, C. 0.18 (558 Harvey Street), (548 Aylmer Street North), (527 Parkhill Road West)

06-125 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Balterre Contracting Ltd. For The Maniece Avenue Culvert – T-27-06

06-126 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Drain Bros. Excavating Limited For The Reid Street Parking – T-26-06

06-127 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And MacViro Consultants And Entec Consulting Ltd. For Professional Services To Complete The Material Recycling Facility Optimization Study (P-19-06)

06-128 Being A By-Law To Authorize The Mayor And Clerk To Sign A Municipal Funding Agreement, Between The Association Of Municipalities Of Ontario And The Corporation Of The City Of Peterborough, For The Transfer Of Federal Public Transit Funds

06-129 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Lafarge Paving And Construction Limited For Various Sidewalk Installations – T-21-06

06-130 Being A By-Law To Authorize The Temporary Staged Closure Of Erskine Avenue From July 31, 2006 To December 31, 2006

06-131 Being A By-Law To Amend By-Law 06-071 To Waive Tipping Fees For The July 17, 2006 Storm-Related Residential Green Waste

06-132 Being A By-Law To Stop Up And Close A Portion Of The Public Lane Shown On Plan 68Q Shown As Parts 3 And 4 On Plan 45R13682 And Part 1 On Plan 45R13766 In The City Of Peterborough

06-133 Being A By-Law To Authorize The Transfer Of Part Of The Lane On Plan 68Q Shown As Part 3, Plan 45R13683, In The City Of Peterborough, To The Apostolic Church In Canada

06-134 Being A By-Law To Authorize The Transfer Of Part Of The Lane On Plan 68Q Shown As Part 1, Plan 45R13766 And Part 4, Plan 45R13683, In The City Of Peterborough, To Paul Heard And Janet Heard

06-135 Being A By-Law To Amend By-Law 93-100, Being A By-Law For The Regulation Of Parking

06-136 Being A By-Law To Amend Chapter 16 Of The City Of Peterborough Municipal Code - Procedural By-Law

7. Other Business

8. By-Law To Approve Actions Of Council

06-137 Being A By-Law To Confirm The Proceedings Of The Council At Its Meeting Held On August 8, 2006

9. Adjournment


City Council Minutes
August 08, 2006 at 6:30 PM - Council Chambers

Roll Call:

Councillor Clarke
Councillor Doris
Councillor Eggleton
Councillor Guiel
Councillor Hall
Councillor Herring
Councillor Juby
Councillor Rexe
Councillor Vass
Mayor Sutherland

Absent

Councillor Cahill

Minutes – July 3, 2006

Moved by Councillor Juby, seconded by Councillor Clarke

That the Minutes of the meeting of Council held on July 3, 2006 be confirmed.

“CARRIED”

Disclosure of Pecuniary Interest

There were no disclosures of interest.

Delegations

Audit Committee

There were no delegations.

Committee of the Whole

Greg Simmons made a delegation regarding Item 16 of Committee of the Whole Report 16 (Peterborough Professional Fire Fighters Association Presumptive Legislation for Ontario Fire Fighters).

Marie Bongard made a delegation regarding Item 19 of Committee of the Whole Report 16 (Public Transit Operations Review).

Rolly Graham made a delegation regarding Item 19 of Committee of the Whole Report 16 (Public Transit Operations Review).

Jack Higgins made a delegation regarding Item 19 of Committee of the Whole Report 16 (Public Transit Operations Review).

Don Higgins made a delegation regarding Item 19 of Committee of the Whole Report 16 (Public Transit Operations Review).

Lisa Collison made a delegation regarding Item 17 of Committee of the Whole Report 16 (Traffic Technical Committee).

Other Items on This Agenda

There were no delegations.

Report Number 1 of the Audit Committee

Moved by Councillor Clarke, seconded by Councillor Rexe

That Report Number 1 of the Audit Committee Meeting of July 24, 2006, be approved.

"CARRIED"


Report Number 16 of the Committee of the Whole

Moved by Councillor Juby, seconded by Councillor Eggleton

That Report Number 16 of the Committee of the Whole Meeting of July 31, 2006, be approved.

“CARRIED”

Item #17 (Report USTR06-014) was separated from the report.

Moved by Councillor Eggleton, seconded by Councillor Herring

That Item #17c be deferred until further information is available.

“CARRIED”

That Item #16 (CORRESP06-015) was separated from the report

Moved by Councillor Clarke, seconded by Councillor Herring

That the CAO bring back a report in respect to the Presumptive Legislation for Ontario Fire Fighters.

“CARRIED”

Upon the original motion of Councillors Juby and Eggleton, this motion carried.

Report Number 17 of the Committee of the Whole

Moved by Councillor Juby, seconded by Councillor Guiel

That Report Number 17 of the Committee of the Whole Meeting of August 8, 2006, be approved.

“CARRIED”


Item #2 (FAFS06-021) was separated from the report

Moved by Councillor Hall, seconded by Councillor Doris

That Item #2 be deferred until the next meeting of Committee of the Whole meeting in September, 2006.

Moved by Councillor Guiel, seconded by Councillor Clarke

That the Question be Put.

"CARRIED"

Upon the deferral motion of Councillors Hall and Doris, this motion lost.

Upon the original motion of Councillors Juby and Guiel, this motion carried.

Notices of Motion

There were no notices of motion.

By-Laws

Moved by Councillor Doris, seconded by Councillor Guiel

That the following by-laws be read a first, second and third time:

06-120 Being A By-Law To Appoint Parking Enforcement Officers at 340-360 George Street North (Peterborough Square), 871-875 Chemong Road (Brookdale Plaza), 371-381 Queen Street, 645 Lansdowne Street West (Lansdowne Place)

06-121 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Jumper Productions Ltd

06-122 Being A By-Law To Exempt The Lands Known Municipally As 526 McDonnel Street From Taxation For Municipal And School Purposes

06-123 Being A By-Law To Establish Certain Lands In The City Of Peterborough As Part Of The Public Highway Named Armour Road

06-124 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, C. 0.18 (558 Harvey Street), (548 Aylmer Street North), (527 Parkhill Road West)

06-125 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Balterre Contracting Ltd. For The Maniece Avenue Culvert – T-27-06

06-126 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Drain Bros. Excavating Limited For The Reid Street Parking – T-26-06

06-127 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And MacViro Consultants And Entec Consulting Ltd. For Professional Services To Complete The Material Recycling Facility Optimization Study (P-19-06)

06-128 Being A By-Law To Authorize The Mayor And Clerk To Sign A Municipal Funding Agreement, Between The Association Of Municipalities Of Ontario And The Corporation Of The City Of Peterborough, For The Transfer Of Federal Public Transit Funds

06-129 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And Lafarge Paving And Construction Limited For Various Sidewalk Installations – T-21-06

06-130 Being A By-Law To Authorize The Temporary Staged Closure Of Erskine Avenue From July 31, 2006 To December 31, 2006

06-131 Being A By-Law To Amend By-Law 06-071 To Waive Tipping Fees For The July 17, 2006 Storm-Related Residential Green Waste

06-132 Being A By-Law To Stop Up And Close A Portion Of The Public Lane Shown On Plan 68Q Shown As Parts 3 And 4 On Plan 45R13682 And Part 1 On Plan 45R13766 In The City Of Peterborough

06-133 Being A By-Law To Authorize The Transfer Of Part Of The Lane On Plan 68Q Shown As Part 3, Plan 45R13683, In The City Of Peterborough, To The Apostolic Church In Canada

06-134 Being A By-Law To Authorize The Transfer Of Part Of The Lane On Plan 68Q Shown As Part 1, Plan 45R13766 And Part 4, Plan 45R13683, In The City Of Peterborough, To Paul Heard And Janet Heard

06-135 Being A By-Law To Amend By-Law 93-100, Being A By-Law For The Regulation Of Parking

06-136 Being A By-Law To Amend Chapter 16 Of The City Of Peterborough Municipal Code - Procedural By-Law

“CARRIED”

New Business

There was no new business.

Confirmatory By-Law

Moved by Councillor Juby, seconded by Councillor Rexe

That the following by-law be read a first, second and third time:

06-137 Being A By-Law To Confirm The Proceedings Of The Council At Its Meeting Held August 8, 2006

and the said by-law, having been now read a third time and passed, the Mayor and Clerk be authorized to sign and seal the same.

“CARRIED”


Adjournment

Moved by Councillor Juby

That this meeting of City Council adjourn at 8:10 p.m.

“CARRIED”

Nancy Wright-Laking

City Clerk

Sylvia Sutherland

Mayor


 

AUDIT COMMITTEE REPORT NO. 1

MEETING OF JULY 24, 2006

TO THE COUNCIL OF THE CITY OF PETERBOROUGH FOR CONSIDERATION AT ITS MEETING HELD AUGUST 8, 2006

THE AUDIT COMMITTEE, AS A RESULT OF ITS MEETING HELD ON MONDAY, JULY 24, 2006, RECOMMENDS AS FOLLOWS:

1. Minutes of June 20, 2005

That the minutes of the June 20, 2005 audit committee meeting be adopted as circulated.

2. Presentation of the Treasurer’s Report, 2005 Consolidated Financial Report, 2005 Trust Funds Financial Statements and the Five Year Review

a ) That the 2005 Financial Report as presented be adopted and submitted to the Province of Ontario

b) That the Treasurer’s Report on the 2005 Financial Report for the City of Peterborough be received

That the City Administrator prepare a report for the Committee of the Whole providing recommendations on long-term outstanding receivables.

3. Auditors’ Briefing to the Audit Committee and Presentation of the Audit Findings Report

That the Auditors’ briefing to the Audit Committee and the Audit Findings Report be received.

Committee went into caucus to discuss an item under Section 239(2)(b) personal matters about an identifiable individual, including municipal or local board employee, of the Municipal Act, 2001


4. Public Sector Accounting Board ( PSAB ) Update – Tangible Capital Assets

That the verbal report on the Public Sector Accounting Board requirements for Tangible Capital Assets accounting be received.

That regular updates on the PSAB Tangible Capital Assets reporting requirements as well as the more extensive Asset Management project be provided to the Audit Committee; and, further that the City Administration provide the Committee of the Whole with an overview of the project and timelines.

5. Report CAO06 – 002/REVISED as AC06 -001

Audit Committee

That the Audit Committee recommendations as presented in the Audit Committee Report AC06 – 001 ( attached ) be approved as follows:

a) The Terms of Reference for the Audit Committee, listed in Appendix A of this report, be approved;

b) The Audit Committee Terms of Reference be reviewed by the Audit Committee in the final quarter of 2008, and any recommended changes to the mandate or other components of the Terms of Reference be placed before the Council for approval;

c) The Procedural By-Law of the Corporation, Section 16.2.7, be amended to include the Audit Committee as a Standing Committee of Council, and that notice of this proposed amendment be deemed to have been sufficiently provided by the adoption of this recommendation; and

d) The Audit Committee members of the newly-elected Council be recommended by the current Council Selection Committee for the purpose of making appointments to the Audit Committee at the inaugural meeting of the new term of Council to be held on December 4, 2006.


6. Report FAFS06-018

2005 Consultants Report

That Council approve the recommendations outlined in report FAFS06-018 dated July 24, 2006, of the Director of Finance and Administrative Services as follows:

a) That report FAFS06-018 showing amounts paid to consultants during the year 2005 be received.

b) That as part of the 2007 budget process, the City Administrator critically review the planned use of consultants to ensure their use is the most cost effective method of securing the services.

7. Other Business

Members of the Audit Committee discussed audit process with the External Auditors.

July 24, 2006


TO: Mayor Sutherland and Members of Council

FROM: Councillor Henry Clarke

Chairman, Audit Committee

MEETING DATE: August 8, 2006

SUBJECT: Report AC06-001

Audit Committee

PURPOSE

A report recommending that the Corporation of the City of Peterborough formalize the status and terms of reference of the Audit Committee of the Corporation.

RECOMMENDATIONS:

That Council approve the recommendations outlined in report AC06-001 dated July 24, 2006, of the Audit Committee, as follows:

a) The Terms of Reference for the Audit Committee, listed in Appendix A of this Report, be approved;

b) The Audit Committee Terms of Reference be reviewed by the Audit Committee in the final quarter of 2008, and any recommended changes to the mandate or other components of the Terms of Reference be placed before the Council for approval.


c) The Procedural By-Law of the Corporation, Section 16.2.7, be amended to include the Audit Committee as a Standing Committee of Council, and that notice of this proposed amendment be deemed to have been sufficiently provided by the adoption of this recommendation; and

d) The Audit Committee members of the newly-elected Council be recommended by the current Council Selection Committee for the purpose of making appointments to the Audit Committee at the inaugural meeting of the new term of Council to be held on December 4, 2006;

BUDGET AND FINANCIAL IMPLICATIONS

There are no budget or financial implications associated with formalizing the Audit Committee terms of reference.

In future years, there may be minimal costs associated with offering members of the Committee information updates related to the responsibilities of the Committee, or other appropriate forms of training or professional development.

BACKGROUND

Council currently has an Audit Committee with a mandate that has been generally limited to attending one annual meeting at which the annual financial statements and audit management letters are reviewed. The Committee has also recommended the appointment of auditors to Council.

At its meeting held January 16, 2006, Council requested that the Chief Administrative Officer examine the current responsibilities of the Audit Committee, and make recommendations on methods of strengthening governance through an enhanced role for the Audit Committee.

The requirements for an Audit Committee have changed in recent years. Both public and private sector organizations have been redefining the role of the Audit Committee. Changing regulations and requirements for both the organizations being audited, and the auditors performing the audit function, have made it imperative that governing bodies establish a clear responsibility for overseeing financial reporting and its related activities. The responsibilities of the Audit Committee for public sector, organizations have many similarities to the Audit Committee responsibilities for the private sector but there are also differences. The differences are primarily related to knowledge of legislated reporting requirements. Research would suggest that the impact of elections and public sector risk evaluation may differ from private sector requirements and may impact membership criteria.

Due to the workload of the Audit Committee and its role as a Standing Committee of Council, it is suggested that it be established at the inaugural meeting of Council This can be completed by using the outgoing Council Selection Committee, or some combination of outgoing and incoming Mayor(s) and Members of Council, to complete the task of recommending Audit Committee Members to the newly-elected Council at its Inaugural Meeting.

The Terms of Reference – Mandate section, as presented in Appendix A, outlines the proposed responsibilities of the Audit Committee. For each item referenced there are numerous steps that may be involved in completing the task. The work of this Committee is reasonably time-consuming and complex.

For that reason, it is important that the Members of the Committee be offered appropriate access to those who can provide assistance in understanding the requirements of the Committee. Such assistance may be provided by a variety of sources such as the External Auditors, Internal Auditor, legal counsel (either in-house or outside contract), risk management professionals, the City’s Finance Department, other City Departments or Local Boards, the Chief Administrative Officer and, potentially, reference material or a presentation by a representative of the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants.

To provide members of the Audit Committee with an opportunity to work through the full range of responsibilities and thereby see the benefit of the time invested in acquiring the public sector financial background, we are suggesting that the Audit Committee retain its members for the full four-year term of Council.

The Council and the Administration can benefit from having a strong Audit Committee fulfilling this significant governance responsibility.

To ensure that the Council has the opportunity to update the responsibilities and structure of the Committee, a review of the Audit Committee Terms of Reference within the next two years is suggested. There are at least two areas that a future Council may wish to alter as a result of that review. They are as follows:

a) Council may wish to add responsibilities to the Audit Committee mandate. For example, Council may decide that semi-annual or quarterly reports on financial progress should be forwarded to the Audit Committee. Alternatively, Council may decide that such reports, when available, are an update on budget and have them reviewed by the Finance Committee. Administration suggests that this be considered as part of a future review of the mandate.

b) Council may wish to amend the membership of the Committee. An option exists for one or more members of the public to sit on the Audit Committee. Based on an advertisement requesting a show of interest and listing the skill requirement, consideration could be given to altering the membership of the committee to accommodate a combination of Members of Council and members of the public.

In order to recognize the governance responsibilities of the Audit Committee it is recommended that the Committee be listed in the Council’s Procedural By-Law as a Standing Committee. Appendix B to this Report reflects the suggested wording changes to the Procedural By-Law. By taking this step, Council is strengthening the authority and continuity of the Committee. The Clerk’s Office would provide administrative support to the committee and the minutes of the Audit Committee would be transmitted to Council through its usual agenda process.

The current Audit Committee met on July 24, 2006 and endorsed the recommendations set out in this report.

SUMMARY

Formalizing the structure, mandate and reporting of the Audit Committee strengthens Council’s commitment to strong governance.

Establishing the Audit Committee at the inaugural meeting of the new Council will allow the Committee the opportunity to complete an orientation and to fulfill its responsibilities related to the approval of the year-end audit requirements.


Review of the Audit Committee Terms of Reference should be completed after two years of operation to permit improvements considered appropriate for the on going functioning of the Committee.

Contact Names:

Councillor Henry Clarke Linda H. Reed

Chairman, Audit Committee City Administrator

Phone – 705-743-3260 ext. 3525 Phone – 705-742-7777 Ext. 1810

Fax – 705-876-4116 Fax – 705-749-6687

E-Mail – hclarke@city.peterborough.on.ca E-Mail – lreed@city.peterborough.on.ca

Appendix A – Terms of Reference for Audit Committee

Appendix B – Procedural By-Law


Appendix “A”

APPENDIX A - TERMS OF REFERENCE FOR THE AUDIT COMMITTEE

MANDATE:

The Audit Committee is responsible for:

1. Recommending to Council the appointment of the external auditor for the Corporation;

2. Reviewing and concurring in the appointment, replacement or dismissal of the Chief Internal Auditor;

3. Reviewing the arrangements for the scope of the annual audit, accounting principles, materiality limits, and the reasonableness of the annual audit fee;

4. Meeting, periodically, with the external auditor to discuss any matters that the Committee or auditors believe should be discussed privately;

5. Reviewing the auditors’ report and audited financial statements, and making such recommendations thereon to Council as deemed necessary by the Committee. The Audit Committee must satisfy itself that the financial statements present fairly the financial position and results of operations and that the external auditors have no reservations about them;

6. Reviewing significant accounting and reporting issues and their impact on the financial statements and ensuring that there are no unresolved issues between the Administration and the external auditors;

7. Reviewing the external auditors’ management letter together with the implementation plans as advised by the Chief Administrative Officer;

8. Overseeing the Internal Audit charter, staffing and annual work plan including any special investigations and any risk management review projects;

9. Meeting periodically with the Chief Internal Auditor to discuss matters that the Chief Internal Auditor believes should be discussed privately and to ensure there are no unjustified restrictions or limitations on the activities of Internal Audit.

10. Overseeing the Corporation’s financial systems and internal control systems including commenting on the adequacy of resources committed to these areas and any financial and information security risks;

11. Understanding accounting policies and practices;

12. Overseeing compliance with statutory and regulatory financial requirements including monitoring the impact of new standards and the reporting on performance measures as established by the Province;

13. Recommending any non-attest audit services provided by the external auditor;

14. Overseeing the development, implementation and maintenance of an independent process that allows information on problem areas or issues to be identified by individuals, including employees, with appropriate protection of all involved. The Audit Committee recognizes that any human resource or human rights type of issue is beyond the mandate of the Audit Committee and shall be managed through the process established and in place for the specific type of human resource or rights issue.

COMPOSITION:

Five members of Municipal Council

TERM OF MEMBERSHIP:

Concurrent with the term of the Municipal Council making the appointment

APPOINTMENT POLICIES:

a. The Council Selection Committee of the outgoing Council reviews, interviews and recommends the Members of the incoming Council for the Audit Committee. The appointments are reviewed, amended if required, and approved by Council at the Inaugural Meeting of the incoming Council.

b. The Chair and Vice-Chair of the Audit Committee are elected by the Committee Members.


QUALIFICATIONS:

Members of Municipal Council interested in becoming members of the Audit Committee must have background experience in, and/or be interested in receiving training in governance responsibility; audit oversight responsibility; municipal financial statement reporting; internal control assessment; risk management evaluation; and purchasing policy and procedure.

MEETINGS:

The Audit Committee shall have a minimum of four meetings per year at the end of each quarter and shall have such other meetings as requested by the Chair or Vice-Chair of the Committee or at the request of the Chief Administrative Officer.

The Committee will receive the administrative support of the Clerk’s Office for the purpose of preparing agendas, arranging meetings and preparing minutes. The minutes of the meetings will be provided to Council for approval through the usual Council process.

REMUNERATION:

No remuneration shall be paid to the Audit Committee members but reasonable expenses may be paid if costs are associated with site visits related to an audit issue, or courses necessary for the Members of the Audit Committee to complete their responsibilities as members of the Committee.


Appendix “B”

APPENDIX B - PROCEDURAL BY-LAW

Current Procedural By-Law, Section 16.2.7

Standing Committee – defined

“Standing Committee” means the standing committees of the Council of the city of Peterborough, which are:

(a) Planning Committee – to hold public meetings pursuant to the Planning Act, 1983, and to discuss and make recommendations to Council on all community planning matters and concerns.

(b) Committee of the Whole – to review and discuss and make recommendations to Council on all general municipal matters other than planning matters and concerns.

Proposed Procedural By-Law, Section 16.2.7

Standing Committee – defined

“Standing Committee” means the standing committees of the Council of the city of Peterborough, which are:

(a) Planning Committee – to hold public meetings pursuant to the Planning Act, RSO 1990 c.P. 13, and to discuss and make recommendations to Council on all community planning matters and concerns.

(b) Committee of the Whole – to review and discuss and make recommendations to Council on all general municipal matters other than planning matters and concerns.

(c ) Audit Committee – to review and make recommendations to Council on matters of financial reporting, control and risk.


 

COMMITTEE OF THE WHOLE REPORT NO. 16

MEETING OF JULY 31, 2006

TO THE COUNCIL OF THE CITY OF PETERBOROUGH FOR CONSIDERATION AT ITS MEETING HELD JULY 31, 2006

THE COMMITTEE OF THE WHOLE, AS A RESULT OF ITS MEETING HELD ON MONDAY, JULY 31, 2006, RECOMMENDS AS FOLLOWS:

1. Report PLPD06-061

Recommendation to Purchase CP Rail Property

That Council approve the recommendation outlined in report PLPD06-061 dated July 31, 2006, of the Property Asset Manager, as follows:

That the acquisition of the inactive CP Rail corridor from Crawford Drive, north to Monaghan Road for a purchase price of $225,000 be approved in principle.

2. Report PLPD06-062

Proposed Closure and Sale of Partial Lanes at 685 and 691 Park Street South

That Council approve the recommendations outlined in report PLPD06-062 dated July 31, 2006, of the Property Asset Manager, as follows:

a) That a by-law be passed to approve the closure of partial lanes located at 685 and 691 Park Street South, legally described as parts 3 and 4 on registered plan 45R-13683 and part 1 on registered plan 45R-13766 and that notice to the public be deemed to have been served through this report.

b) That a by-law be passed to approve the sale of property described as part 3 on registered plan 45R-13683 to The Apostolic Church in Canada at 414 McKellar Street for a purchase price of $2,500.00, subject to a grant of easement to Peterborough Distribution Inc and Bell Canada.

c) That a by-law be passed to approve the sale of property described as part 4 on registered plan 45R-13683 to Paul and Janet Heard at 691 Park Street for a purchase price of $2,500.00, subject to a grant of easement to Peterborough Distribution Inc and Bell Canada.

d) That a by-law be passed to approve the sale of property described as part 1 on registered plan13766 to Paul and Janet Heard at 691 Park Street for a purchase price of $500.00 subject to a grant of easement to Peterborough Distribution Inc and Bell Canada.


3. National Summer Games

That the following individuals be presented with a special certificate of recognition for their outstanding achievement at the National Summer Games. Ceremonial presentation will take place at City Council on Tuesday, August 8, 2006, at 6:30 p.m. in the Council Chambers.

Luke Allen

Steve Caban

Kelly Gellatly

Stephanie Smith

Lisa Butler

Adam Guthrie

Nicholas Rybak

4. Report USEC06-034

Reid Street Parking Lot

That Council approve the recommendations outlined in report USEC06-034 dated July 31, 2006, of the Design and Construction Engineer, as follows:

a) That the tender of Drain Bros. Excavating Limited, R.R. 2, Lakefield, Ontario, K0L 2H0 in the amount of $224,870.92 plus $13,492.26 GST, for a total amount of $238,363.18 to complete the work outlined in Tender T-26-06 be accepted; and

b) That a by-law be passed authorizing the Mayor and Clerk to sign and seal the contract documents.

5. Report USEC06-035

Maniece Avenue Culvert

That Council approve the recommendations outlined in report USEC06-035 dated July 31, 2006, of the Design and Construction Engineer, as follows:

a) That the tender from Balterre Contracting Limited, P.O. Box 594, Norwood, Ontario, K0L 2V0 in the amount of $235,872.72 plus $14,152.36 GST, for a total amount of $250,025.08 to complete the work outlined in Tender T-27-06 be accepted; and

b) That a by-law be passed authorizing the Mayor and Clerk to sign and seal the contract documents.

6. Report USEC06-036

Various Sidewalk Installations

That Council approve the recommendations outlined in report USEC06-036 dated July 31, 2006, of the Design and Construction Engineer, as follows:

a) That the quotation of Lafarge Paving and Construction Limited, P.O. Box 1299, Peterborough, Ontario, K9J 7H5 in the amount of $526,571.68 plus $31,594.30 GST, for a total amount of $558,165.98 to complete the work outlined in Tender T-21-06 be accepted; and

b) That a by-law be passed authorizing the Mayor and Clerk to sign and seal the contract documents.

7. Report USWM06-008

Material Recycling Facility Optimization Study Award

Proposal P-19-06

That Council approve the recommendations outlined in report USWM06-008 dated July 31, 2006, of the Manager of Waste Management, as follows:

a) That the joint proposal submission from MacViro Consultants, 600 Cochrane Drive, Suite 500, Markham, Ontario, L3R 5K3 and Entec Consulting Ltd. 1520 Silver Spruce Drive, Pickering, Ontario, L1V 5H3, in the amount of $39,570 plus $2,374.20 GST, for a total amount of $41,944.20 for Contract P-19-06 (Material Recycling Facility Optimization Study) be awarded; and

b) That a by-law be passed authorizing the Mayor and Clerk to sign and seal the contract documents.

8. Report USWM06-009

Authorization to Purchase a Used Four Wheel Drive Pick-up Truck

That Council approve the recommendation outlined in report USWM06-009 dated, July 31, 2006, of the Manager of Waste Management, as follows:

That Council authorize the purchase of a used Four Wheel Drive Pick-up Truck for the Waste Management Division at an amount not to exceed $30,000.


9. Report SS06-015

Rural Outreach Program – Employment Support Services

That Council approve the recommendation outlined in Report SS06-015 dated July 31, 2006, by the Coordinator of the Peterborough Employment Resource Centre, as follows:

That a full-time Employment Support Worker be recruited for the Rural Outreach Program to be fully funded 100% by Service Canada.

10. Report FAFS06-019

Federal Public Transit Funds Municipal Funding Agreement - June 2006

That Council approve the recommendations outlined in report FAFS06-019 dated July 31, 2006, of the Director of Finance and Administrative Services as follows:

a) That a by-law be prepared authorizing the Mayor and Clerk to sign a Municipal Funding Agreement, between the Association of Municipalities of Ontario and the Corporation of the City of Peterborough, for the Transfer of Federal Public Transit Funds.

b) That the City establish a Federal Public Transit Fund Reserve and the 2005/2006 fiscal year grant in the amount of $578,590 be deposited into the reserve when received.

c) That the 2007 transit capital budget reflect staff’s recommendation on how the grant should be used.

11. Report PDLIS06-001

GeoMedia Public Works and GeoMedia Professional

That Council approve the recommendations outlined in report PDLIS06-01, dated July 31, 2006, of the Administrator Geomatics/Mapping as follows:

That one license for GeoMedia Public Works and two licenses for GeoMedia Professional software be purchased software from Intergraph Canada Ltd. at a cost of $46,341.00 including taxes.


12. Report PLPD06-059

Application for Site Plan Approval

909 Wentworth Street – 45 Unit, Row Dwelling Development

That Council approve the recommendations outlined in report PLPD06-059 dated July 24, 2006, of the Planner, Urban Design, as follows:

a) The deposit of site work performance security in the amount of $60,000.00;

b) The approval of all the technical details by the City’s Site Plan Review Committee;

c) The conveyance of land zoned OS.2 at the north east corner of the property, to the City, at no cost and free of encumbrances; and

d) The issuance of a Fill, Construction and Alteration to Waterway permit by the Otonabee Region Conservation Authority.

13. Report COU06-010

Report of Finance Committee: Second Quarter

That Council approve the report dated July 31, 2006, of the Chair of Finance recommending:

That Report COU06-010 be received.

14. CORRESP06-013

South Stormont Twp

That the correspondence requesting that the City of Peterborough support the resolution of the Township of South Stormont regarding the prohibition of cosmetic use of pesticides be received for information.

15. CORRESP06-014

Municipality of Brockton

That the correspondence requesting that the City of Peterborough support the resolution of the Municipality of Brockton regarding the need for government to address the need to strengthen childcare and create viable new models for service delivery be received for information.


16. CORRESP06-015

Peterborough Professional Fire Fighters Association

Presumptive Legislation for Ontario Fire Fighters

That the correspondence from the PPFFA be received for information.

17. Report USTR06-014

Traffic Technical Committee

That Council approve the recommendations outlined in Report USTR06-014, dated July 31, 2006, from the Manager of Transportation, as follows:

The Traffic Technical Committee recommends:

a) That a by-law be enacted to amend By-Law 93-100 (Parking By-Law) to implement a ‘No Parking Anytime’ restriction on both sides of Webber Avenue from Lansdowne Street to Rye Street.

b) That operational changes not be implemented on Otonabee Drive at this time. That the City Police increase speed enforcement and that Transportation Division Staff undertake a follow-up speed study once the proposed sidewalk construction is complete.

The following item was referred back to staff at the August 8, 2006, City Council meeting:

c) That an adult crossing guard and a school zone restricted to 40 km/h speed limit complete with amber flashing lights not be implemented on Bellevue Street at Benson Avenue.

d) That a by-law be enacted to amend By-Law 93-100 (Parking By-Law) to implement a ‘No Parking Anytime’ restriction on Talwood Court adjacent to the walkway leading to the main entrance of 1189 Talwood Court.

e) That a by-law be enacted to amend By-Law 97-74 (Speed Limits) to include Kawartha Heights Boulevard fronting Kawartha Heights Public School as a forty kilometre per hour school zone and the necessary flashing beacons and signage be installed.

f) That an adult crossing guard be implemented at the intersection of Royal Drive and Algonquin Boulevard.


Council at its meeting of August 8, 2006, passed the following resolution:

That Item #17c be deferred until further information is available.

18. Report USTR06-015

Safety of Trail Crossings on Major Streets (Chemong Road)

That Council approve the recommendation outlined in Report USTR06-015 dated July 31, 2006 of the Transportation Services Coordinator, as follows:

That this report be received for information.

19. Report USTR06-016

Public Transit Operations Review

That Council approve the recommendations outlined in Report USTR06-016 dated Monday July 31 2006, of the Manager of Transportation, as follows:

a) The Peterborough Public Transit Operations Review, 2006 Summary Report (Appendix A) including the City of Peterborough Public Transit Business Plan 2006 – 2009 (Appendix B) documents be received;

b) The public transit service delivery alterations recommended as part of the Public Transit Operations Review, 2006 shown below be approved:

i) Conventional Public Transit

· Implement Sunday transit Service 8:00 am to 7:20 pm

· Extend weekday hours of service, 6:00 am to 12:40 am with Saturday 6:40 am to 12:40 am

· Adjust frequency of service to base 40 minute all day plus evening with 20 minute peak period frequency on specific high demand routes

· Add two new bus routes to expand service coverage

· Continue Trans-Cab as a service delivery option to lower passenger demand areas

· Expand use of Transit Signal Priority and introduce GPS technology for data collection on vehicles


ii) Handi-Van Service

· Extend Handi-Van Monday to Saturday hours of service, 7:00 am to 11:00 pm and Sunday 8:00 am to 8:00 pm

· Increase Handi-Van service to seven vehicles in peak weekday service and four on Sunday

iii) Transit Fares

· Adjust cash fare to $2.00 for all fare categories (current being $1.75 adult, $1.40 student, $1.25 senior and child)

· Reduce the 30 Day unlimited use adult pass to $50.00 (current being $64.00)

· Retain current price for 30 Day unlimited use pass for student at $45.00, senior and child at $30.00

· Retain current price for senior semi-annual pass at $110.00 and annual pass at $180.00

· Retain current price for college semester pass at $180.00

· Introduce Family unlimited use day pass $6.00

c) The business plan for revenues and expenditures for 2006 with annual forecast to 2009 of capital and operating budgets as provided in Appendix D of this Report and further detailed in the City Public Transit Business Plan be approved;

d) The Manager of Transportation provide to the Committee of the Whole at its meeting of January 8, 2007 an update on the Implementation Strategy section of the Peterborough Transit Operations Review, 2006;

e) The Manager of Transportation provide to Committee of the Whole at its meeting of January 8, 2007 an update on the assumptions and calculations as well as the impacts resulting therefrom as presented in the City of Peterborough Public Transit Business Plan 2006 – 2009;

20. Jake Brakes – Use in the City of Peterborough

Councillor Guiel asked about the use of “jake brakes” in the City. Councillor Vass indicated that he considered that “jake brake” use in the City should be disallowed and that local business operators who know drivers are doing this should direct them to not to use the brake inside the City limits.


21. Inventory of City Trees

Councillor Clarke inquired about the inventory of City trees due to the impact of the recent windstorm. The City Administrator indicated Peter Southall, Manager of Public Works, is conducting an inventory and a report will come forward in the near future.

22. Ban of the Feeding of Geese

That the City Administrator direct the appropriate staff to investigate ways to lower E-coli levels in Little Lake, including use of trained dogs to control the geese population; and

Further that staff investigate the possibility of the immediate ban of the feeding of geese.

All of which is respectfully submitted,

Councillor Juby

Chairman

July 31, 2006


 

COMMITTEE OF THE WHOLE REPORT NO. 17

MEETING OF AUGUST 8, 2006

TO THE COUNCIL OF THE CITY OF PETERBOROUGH FOR CONSIDERATION AT ITS MEETING HELD AUGUST 8, 2006

THE COMMITTEE OF THE WHOLE, AS A RESULT OF ITS MEETING HELD ON TUESDAY, AUGUST 8, 2006, RECOMMENDS AS FOLLOWS:

1. City Clerk

Report FACLK06-013

PUC Board Appointment

That Council approve the recommendation outlined in report FACLK06-013 dated August 8, 2006, of the City Clerk, as follows:

That the following appointment be made to the Peterborough Utilities Commission:

One year term to November 30, 2006 Roy Wood

2. Director of Finance and Administrative Services

Report FAFS06-021

City of Peterborough Holdings Shareholder Declaration and Interest Rate Changes

That Council approve the recommendations outlined in report FAFS06-021 dated August 8, 2006, of the Director of Finance and Administrative Services as follows:

a) That the proposed changes to the Shareholder Direction and Unanimous Shareholder Declaration as set out in Appendix A to report FAFS06-021 be approved.

b) That the interest rate paid on the Shareholder loans held by PUSI and PDI be reduced from 7.25% to 6.25% effective May 1, 2006 to match the regulatory maximum allowed by the Ontario Energy Board.


 

3. Director of Finance and Administrative Services

Report FAFS6-022

Waiving of Green Waste Tipping Fee – July 17, 2006 Storm Event

That Council approve the recommendation outlined in report FAFS06-022 dated August 8, 2006, of the Director of Finance and Administrative Services as follows:

That the City’s 2006 user fee by-law 06-071 be amended to waive the $40.00 per tonne tipping fee for residential green waste deposited at the County/City landfill site stemming from the July 17, 2006 storm event.

4. City Clerk

FACLK06-017

Filming in the City of Peterborough
August 2006 - “Jumper Productions Ltd.”

That Council approve the recommendations outlined in Report FACLK06-017, dated August 6, 2006, of the City Clerk as follows:

That a by-law be passed authorizing the Mayor and Clerk to sign and seal an agreement with Jumper Productions Ltd.

All of which is respectfully submitted,

Councillor Juby

Chairman

August 8, 2006