Council overview package for March 27, 2023

City Council approved the following items during its meeting on Monday, March 27, 2023:

• The enforcement services review project, including a number of recommendations related to enhanced effectiveness and efficiency in the by-law enforcement process;
• A presentation by the Diversity, Equity and Inclusion Advisor that includes an update on the Diversity, Equity and Inclusion Plan development process;
• Producing City-organized programming and events, supporting community partners, and communications activities to increase awareness and understanding of equity-deserving groups in the City of Peterborough;
• A report on the City Council remuneration and expense statements, as required by Section 284(1) of the Municipal Act, 2001;
• Transferring money from a previously approved capital project that came in under budget to create a new capital project with $150,000 for repairs at the Del Crary Park Marina;
• Awarding a contract for $324,557 plus tax to A.B.C Recreation Ltd. for the construction of park features, including a playground and half basketball court, at Heritage Park, 380 Carnegie Ave.; 
• At the request of the Peterborough Police Services Board, approving the transfer of the administration of the licensing of Transportation Network Companies, Taxis and Limousines from Peterborough Police Service to the City of Peterborough Clerk's Office;
• Amending fees for planning applications in the City's 2023 User Fees and Charges By-law to reflect Council-approved changes in the Development Application Process associated with the review of certain development applications;
• Approving the awarding of $20,655 in Community Project Grants to various community groups and $148,828 in Community Investment Grants to various local charitable and not-for-profit organizations;
• Report of closed session - that staff be directed to proceed as outlined in closed session report by the Commissioner of Corporate and Legislative Services regarding 280 Jameson Dr.;
• Report of closed session - that staff be authorized to proceed as outlined in closed session report by the Commissioner of Corporate and Legislative Services as amended respecting the collective bargaining process;
• Changing the zoning designation for 2000 Technology Dr. to allow the property to be used for heavy truck and equipment sales and services;
• A presentation on the physician recruitment program that is jointly funded by the City and Peterborough County;
• A presentation from the Municipal Property Assessment Corporation on the agency's role in the property assessment and taxation process;
• Rescinding the COVID-19 Workplace Vaccination Policy to follow the easing of federal and provincial restrictions associated with the COVID-19 pandemic, with the intention to bring forward a general Human Health Emergency policy for Council's consideration;
• Approving a by-law for the borrowing of up to $29.6 million to finance, in whole or in part, certain capital projects that have been previously approved by Council, including through the annual budget process; 
• Appointing Paul Hickey as a City representative on the Peterborough and the Kawarthas Economic Development Board of Directors for a three-year term starting April 20, 2023;
• Notice of Motion by Councillor Alex Bierk that the City of Peterborough support Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2022, and urge the provincial government to prioritize its passage into law;
• Notice of Motion by Councillor Joy Lachica to send a letter to Provincial government representatives asking the Province to maintain its existing funding level to the Ontario Arts Council;
• That staff be directed to conduct an immediate operations review of the intersection of Woodglade Boulevard and Oakwood Crescent and report back on suitable traffic safety and control measures, including measures identifying Woodglade Boulevard as a priority area for traffic calming measures;
• Inviting the board of the Community Health Centre speak to Council in April about establishing a community health centre in Peterborough;
• Report of closed session - that staff be authorized to proceed as outlined in closed session report CSSS23-010 from the Commissioner of Community Services; and
• Report of closed session - that staff be authorized to proceed as outlined in closed session report CLSFS23-023 from the Commissioner of Corporate and Legislative Services and the Commissioner of Community Services.

Council agenda

Items on the agenda were previously endorsed by Council during its General Committee meetings on March 6 and March 13, 2023 before proceeding to the regular Council session on March 27, 2023.

Council meetings are held in the Council Chambers at City Hall, 500 George St. N., Peterborough. Watch or listen to the livestream of Council meetings at peterborough.ca/WatchCouncil.

Video recordings of Council meetings are posted at peterborough.ca/agendas following the meeting.

Watch Council

Enforcement services review project

Council approved a report on the enforcement services review project, including a number of recommendations related to enhanced effectiveness and efficiency in the by-law enforcement process.

Among the immediate, short-term recommendations, Council approved:

• That By-Law Enforcement, Parking Enforcement and Animal Enforcement (managing the contracted service) be combined. The responsibility for parking planning and policies should remain within Traffic and Parking Services.
• That the combined division be located within the Corporate & Legislative Services Department, which could be renamed “Municipal Law Enforcement”.
• That the combined division be led by a new management position to provide strategic direction and oversight.
• That the combined division seek to negotiate a contract for a single afterhours answering service that can take calls for all aspects of the City operations that require after-hours service.
• That one additional Property Standards Officer be hired. The current Supervisor position should focus on the new roles of supporting the Technical Agencies and developing approaches for the enforcement of the new and revised by-laws, and assist other Officers as required. (The Property Maintenance position in the consultant’s recommendation was included in the 2023 Budget)
• That the City Clerks Office should oversee the administration of (i.e., could include delegated authority) to process taxi and rideshare licenses and staff consider possible improvements to the Taxi By-law concerning the roles of various parties.
• That the City undertake the School Zone Safety Zone study proposal to include: the use of automated speed enforcement systems (e.g., photo radar, speed cameras); setting consistent rules for all school zones; designating specific areas for drop-off and pick-up locations; introducing educational tools and increasing parking / traffic enforcement.
• That staff report respecting a potential Light Pollution By-law.

There are also a several medium- and long-term objectives in the enforcement services review that would be used as a roadmap for the evolution of the new Municipal Law Enforcement Division.

Diversity, Equity and Inclusion update

Council approved receiving for information a presentation by the Diversity, Equity and Inclusion Advisor on Diversity, Equity and Inclusion activities.

Council will also consider the following motion:

1. The City of Peterborough, throughout the calendar year, enhance its proactive and proud commitment to our cultural communities in the following ways: 
1. Produce City-organized programming and exhibits and support specific community partners at their respective initiatives and events to increase awareness and understanding of equity-deserving groups in the City of Peterborough;
2. Communicate specific Days (Weeks and/or Months) of Significance to equity-deserving groups in meaningful ways, i.e. portraits, visuals and/or brief reflections via the City of Peterborough website and social media channels;
3. That staff be directed to provide a report to Council on the resources necessary to appropriately implement the items in 2a and 2b.

A steering committee for the development of the Diversity, Equity and Inclusion (DEI) Plan was established in July 2022 with seven community members and seven City staff members. The Committee’s work is focused on 5 key areas: communications, public education and awareness; human resources; training and education; community engagement; and planning and policy development. Once a draft DEI Plan is ready, focus groups will be held with City staff and community partners to review and discuss the draft. The community at large will also have an opportunity to comment on the draft through a multitude of engagement platforms. The DEI Plan is expected to cover both internal and community expectations, so it is imperative that the consultation is extensive and far reaching.

The DEI Plan will include goals related to both internal and external communications. The Communications, Public Education, and Awareness Working Group will review the City’s current communications, public education, and awareness activities as well as consider potential new actions in support of the overall goals of the DEI Plan. Examples of potential outcomes could include:

• Developing messages around what diversity, equity, inclusion, accessibility, and reconciliation means for the City.
• Enhancing and increasing communications about issues related to race and cultural identity, Indigenous history, the 2SLGBTQIA+ community, accessibility, and other issues that speak to the needs of equity-deserving groups.
• Publishing a community calendar of dates that are significant and meaningful to staff and the community (this calendar is already in place and is currently being used by Communications Services).
• Supporting events with community partners to recognize important dates of awareness, celebration, and commemoration and amplifying messaging from community partners and people with lived/living experiences.
• Developing an inclusive language guide for the City of Peterborough.
• Ensuring all City communication platforms are inclusive and accessible.
• Ensuring materials are presented in plain language, are culturally appropriate, and depict the diversity of Peterborough.
• Ensuring signage in City of Peterborough facilities is accessible.
• Providing an internal communication hub such as the intranet where resources that support staff DEI training and development will be centrally located.
• Considering new and more inclusive ways to reach equity-deserving groups in community consultations.
• Applying an equity lens to communication and outreach strategies to meaningfully facilitate community engagement.

The DEI Plan is expected to be completed this summer and presented to Council in the fall of 2023.

Beyond the DEI Plan development, Diversity, Equity and Inclusion work is proceeding in other ways by the City of Peterborough.

Between July and November 2022, the DEI Advisor delivered 9 DEI Basics training sessions to 115 staff from various City departments, including Human Resources, Recreation Services, Social Services, Arts, Culture, and Heritage, The Art Gallery of Peterborough, Peterborough Museum and Archives, Communication Services, Public Works, Financial Services, Solicitor’s Office, and Clerk’s Office.

In October 2022, 2 training sessions on the topics of Equity and Equality, and Intersectionality were offered to City staff as part of the line up of programs for staff during Global Diversity Month and nine short DEI education sessions were also delivered to over 100 staff at Public Works during their Training Day in October 2022.

The DEI Advisor is currently scheduling the delivery of 2 trainings over 6 sessions to all staff at Social Services on the topics of Equity and Equality, and Intersectionality. A further training session, Applying a DEI Lens: From Theory to Practice, is also being planned for Social Services Managers.

A DEI Basics training session will be delivered to City Councillors in 2023 as per the motion Council passed on February 27, 2023.

Further training for staff will be scheduled as needed.

The DEI Advisor is encouraging and supporting City departments to apply a DEI lens to their day-to-day operations through training sessions and by advising on specific projects and requests. This will become formalized once the DEI Plan is adopted but is indicative of the City embracing this work and it becoming part of the workplace culture.

A Truth and Reconciliation (T&R) “Committee” is in its early stages and was established in January 2023 at the direction of the DEI Plan Steering Committee. Initially, the intention was to ensure that the theme of T&R is actioned across the entire DEI Plan. However, it is also realized and acknowledged that T&R responsibilities must continue beyond the adoption of the DEI Plan.

The T&R “Committee” respectfully acknowledges the existing relationship between the City and First Nations and with that, wants to also offer its space to showcase the strong voices of the Urban Indigenous population as well as the voices of those who identify as Indigenous but are not affiliated with First Nations.

Del Crary Park Marina repairs

Council approved transferring money from a previously approved capital project that came in under budget to create a new capital project with $150,000 for repairs at the Del Crary Park Marina.

The $150,000 would be transferred from the 2023 Capital Budget project Corporate and Legislative Services – Facilities Management – Community Services – Healthy Planet Arena – Replace Refrigeration Plant, (2) Ice Pads, Dasher Boards and Lighting Replacement. The money is available to assist with repairs at Del Crary Park Marina after bids for the work at Healthy Planet Arena came in under budget.

The Del Crary Park Marina was built in 1984 and all components are original to the building. A recent Building Condition Audit and Structural review revealed that the Del Crary Park Marina deck structure is showing extreme deterioration at several of the steel beams.

The project will clean the steel structure and re-paint all components to extend the life. The access stair will be re-supported, and all decking will be replaced along with the safety netting under the deck.

The Marina restaurant is an important partner for the summer Music Fest allowing patrons to have dinner or a snack before and after the weekly events and also provides a place to meet for visitors to Little Lake and the boat owners docked at the Marina.

Heritage Park improvements

Council approved awarding a contract for $324,557 plus tax to A.B.C Recreation Ltd. for the construction of park features, including a playground and half basketball court, at Heritage Park, 380 Carnegie Ave.

The funding for the project is available through the Council-approved 2023 Budget for parkland development.

Heritage Park is an undeveloped park in a newly constructed subdivision. As part of the Subdivision Agreement the developer was responsible for grading and seeding the park area and planting trees along the perimeter of the site.

The Heritage Park project includes the supply and construction of playground equipment, a half basketball court with equipment installation, seating areas, new tree plantings, a park sign and accessible walkways to all site features. Community engagement on the desired features for the park was done in spring 2021 with the conceptual and detailed design completed in 2022.

The contracted work will commence immediately and be completed by summer 2023.

Licensing of transportation network companies, taxis, and limos

At the request of the Peterborough Police Services Board, Council approved the transfer of the administration of the licensing of Transportation Network Companies, Taxis and Limousines from Peterborough Police Service to the City of Peterborough Clerk's Office.

A report on the timing of the transfer of responsibilities, details on implementing the licensing program, and the necessary by-laws would return to Council at a future date for its consideration.

There will be operational costs to administer the licensing of TNC’s, Taxis and Limousines. In the short term, staff will use existing budgets and business license resources to implement the new licenses, however, it may be necessary to review the adequacy of resources required to administer these additional licenses as the program evolves.

Peterborough Police Services Board has licensed, regulated and governed the owners and drivers of taxicabs in the City of Peterborough since as early as the 1960s, by delegation of the authority from City Council.

In an effort to ensure public safety, taxicab owners and drivers must provide a criminal background check as part of the licensing requirements. In the event a driver has been charged with a criminal offence, they are responsible to notify the PSB of the offence. Other licensing requirements include proof of insurance and vehicle mechanical fitness.

Peterborough Police Service has asked the City to take over the administration for the licensing of transportation network companies, taxis, and limousines to assist the Police Service in directing their resources towards ensuring the safety and wellbeing of the community.

When the Comprehensive Ontario Police Services Act, 2019 is in force (and repeals the Police Services Act), the duty to provide “adequate and effective policing” will expressly not include enforcement of municipal by-laws although a Police Services Board or the OPP (presumably for a fee) could determine to do so.

Planning application fees

Council approved amending fees for planning applications in the City's 2023 User Fees and Charges By-law to reflect Council-approved changes in the Development Application Process (DAP) associated with the review of certain development applications.

The amendment proposes to phase the requirement for fees into distinct stages contemplated in the new development application process - shifting more of the fees to earlier stages of the development application process and reducing fees in the later stages. The overall projected revenues from fees will not change as a result of this redistribution.

In 2021, the City completed a Modernization Review of the development approvals process under the Province’s Audit and Accountability Fund. A key recommendation from the Modernization Review was to update Planning/Engineering DAP fee structures and reflect a growth pays for growth cost recovery model.

The Planning Act requires that planning application fees be designed to meet only the anticipated cost to the municipality in respect of the processing of each type of application. Revenue from the recommended DAP application fees will support the necessary staffing resources to properly execute development review processes and eliminate the tax subsidy benefitting new development.

On January 30, 2023, Council approved requiring applicants to consult with the City and undertake a technical adequacy review prior to the submission of certain planning applications. These changes to the DAP process were introduced to refine applications early on in the process and mitigate the financial risks associated with the refund of any application fees. An update to the City’s User Fees By-law is now required to reflect the newly-approved DAP service delivery model, which front-ends the processing effort for development review.

Community grants

Council approved awarding $20,655 in Community Project Grants to various community groups and $148,828 in Community Investment Grants to various local charitable and not-for-profit organizations. The grants will be provided to 48 groups and organizations.

The Investment Grant committee that reviewed applications for Community Investment Grants was comprised of two City Councillors and 11 citizen appointments.

The Project Grant committee that reviewed Community Project Grant applications was comprised of six City staff members.

Program descriptions and eligibility criteria for the two grant streams are posted at peterborough.ca/communitygrants.

The City received 41 applications for Community Project Grants and 28 applications were approved. It received 25 applications for Community Investment Grants and 20 were approved. 

Zoning by-law for 2000 Technology Dr.

Council approved changing the zoning designation for 2000 Technology Dr. to allow the property to be used for heavy truck and equipment sales and services.

The zoning would be changed from Prestige Industrial (M2.1) to Prestige and Service Industrial (M2.3) and Open Space (OS.1) to permit a heavy truck and equipment sales and service use.

Ault Equipment is a supplier and distributor of large-scale Canadian made equipment for the aggregate, mining and environmental industries. The subject site will be the location of a 21,000-square-foot distribution centre, repair garage and office for Ault Equipment.

An agent for the applicant told Council that they expect the business will employ about 40 people when it is operational on its new site.

The property is near the southeast corner of the City, south of Highway 7/115, within the Peterborough East Industrial Park. It is about four hectares in size and is surrounded by other industrial properties and privately-owned open space. The property is currently vacant.

The property has been zoned for industrial use since the 1980s.

Part of the property would be zoned OS.1 - Open Space District to address environmental constraints present on that section of the property based on the findings of a scoped Environmental Impact Study.

COVID-19 Workplace Vaccination Policy

Council approved rescinding the COVID-19 Workplace Vaccination Policy to follow the easing of federal and provincial restrictions associated with the COVID-19 pandemic, with the intention to bring forward a general Human Health Emergency policy for Council's consideration.

While COVID-19 continues to circulate worldwide, many of the federal and provincial regulations have been lifted as vaccination rates increased, immunity from infection grew, antivirals became available, and overall case counts and hospitalization rates decreased.

The City's response to ensuring a safe and healthy workplace in light of the COVID-19 pandemic and minimizing the risk of COVID-19 transmission has been layered. Staff continue to be encouraged to modify their behaviours based on their own risk tolerance. This includes frequent hand washing, physical distancing when possible and staying home when sick. Masking remains appropriate is some circumstances.

The City has monitored government directives and public health guidance throughout the pandemic and efforts have been made to ensure that City practices and procedures are aligned with these changes.

By rescinding this policy, new hires will no longer be required to provide proof of vaccination and existing staff who are unvaccinated will no longer be required to perform regular COVID-19 Rapid Antigen Testing.

It is typical for the City to implement workplace health, safety and emergency procedures from time to time to ensure the wellbeing of its employees. Staff have given preliminary thought to a generic Human Health Emergency policy and anticipate bringing the document forward at a future date for Council consideration that will allow appropriate measures to be taken in the event of a future Human Health Emergency such as a pandemic, in accordance with health regulations and guidance.

By-law for borrowing fund for capital projects

Council approved a by-law for the borrowing of up to $29.6 million to finance, in whole or in part, certain capital projects that have been previously approved by Council, including through the annual budget process.

Council would authorize the City to apply to Ontario Infrastructure and Lands Corporation, an agency of the Ontario government, to borrow the money. Currently the rates are 4.25%, 4.37%, 4.47 for a 10-year, 15-year and 20-year serial debenture, respectively.

Examples of projects that are included in the 2023 debenture issue are:

• Road resurfacing and pavement preservation program
• Airport infrastructure work
• Fire Station #1 capital work
• Simcoe Street culvert
• Simcoe Street parking garage rehabilitation
• Central Area Flood Reduction Project
• Chemong Road - Milroy to City limit
• Sherbrooke Street - Glenforest to west City limit
• Television Road - Lansdowne Street to Parkhill Road

Notice of Motion - Support of Bill 5

Council approved a Notice of Motion by Councillor Alex Bierk that the City of Peterborough support Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2022, and urge the provincial government to prioritize its passage into law.

The motion reads:

Motion in Support of Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2022

Whereas, Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2022, proposes important measures to prevent and address harassment and abuse by local leaders in the workplace, including creating a process for removing leaders from office in cases of egregious acts;

Whereas, the proposed legislation would help protect individuals and promote accountability among local leaders, and provide a clear framework for addressing instances of harassment and abuse;

Whereas, the City of Peterborough recognizes the importance of taking proactive steps to prevent and address harassment and abuse in the workplace;

Therefore, be it resolved that the City of Peterborough supports Bill 5, Stopping Harassment and Abuse by Local Leaders Act, 2022, and urges the provincial government to prioritize its passage into law;

Be it further resolved that a letter of support endorsing Bill 5 be sent to the following officials and organizations:

MPP Dave Smith, MPP Stephen Blais, the Premier of Ontario, the Minister of Municipal Affairs and Housing, and the Association of Municipalities of Ontario (AMO);

And that the letter expresses the City of Peterborough's strong support for Bill 5 and the importance of taking concrete action to prevent and address harassment and abuse by local leaders. It should also urge the officials and organizations to prioritize the passage of this important legislation into law, and highlight the need for strong measures to protect individuals and ensure accountability among local leaders in the workplace.

-30-