Minutes of Guelph City Council

Tuesday, November 22, 2022 at 10:00 A.m. - 4:00 P.m.

Council Chambers

Guelph City Hall, 1 Carden Street

Council:

• Mayor C. Guthrie
• Councillor P. Allt
• Councillor C. Billings
• Councillor L. Busuttil
• Councillor L. Caron
• Councillor E. Caton
• Councillor K. Chew
• Councillor C. Downer
• Councillor D. Gibson
• Councillor R. Goller
• Councillor C. Klassen
• Councillor D. O'Rourke
• Councillor M. Richardson

Staff:

• S. Stewart, Chief Administrative Officer
• C. Clack-Bush, Deputy Chief Administrative Officer, Public Services
• J. Holmes, Deputy Chief Administrative Officer, Infrastructure, Development and Enterprise Services
• T. Lee, Deputy Chief Administrative Officer, Corporate Services
• T. Baker, Acting General Manager, Information Technology
• J. Sales, Acting General Manager, Strategic Communications and Community Engagement
• S. O'Dwyer, Acting General Manager, Finance/City Treasurer
• K. Walkey, General Manager, Planning and Building Services
• D. McMahon, Manager, Legislative Services/Deputy Clerk
• J. da Silva, Council and Committee Coordinator
• G. Meades, Council and Committee Coordinator
• C. Murray-Sprague, Council and Committee Coordinator

Also Present:

• Gary Scandlan, Managing Partner, Watson & Associates Economists Ltd.

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2.

Call to Order

Mayor Guthrie called the meeting to order. (10:00 a.m.)

2.4

Disclosure of Pecuniary Interest and General Nature Thereof

There were no disclosures. 

3.

Analysis of Bill 109 (More Homes for Everyone Act, 2022) and Bill 23 (More Homes Built Faster Act, 2022) - 2022-349

Mayor Guthrie introduced the item and provided opening remarks.

Scott Stewart, Chief Administrative Officer, provided opening remarks.

Jodie Sales, Acting General Manager, Strategic Communications and Community Engagement, spoke to the timelines and processes of provincial consultations.

Krista Walkey, General Manager, Planning and Building Services, summarized changes to various provincial legislation. She also spoke about changes to application fees recommended by City staff.

Shanna O'Dwyer, Acting General Manager, Finance/City Treasurer, outlined key financial risks and impacts because of the proposed changes. She also outlined recommendations that are being made to the Province.

Gary Scandlan, Managing Partner, Watson & Associates Economists Ltd., spoke regarding Bill 23, More Homes Built Faster Act.

Jayne Holmes, Deputy Chief Administrative Officer, Infrastructure, Development and Enterprise Services, provided closing remarks and highlighted impacts to the municipality due to changes in the proposed legislation.

Council recessed at 11:26 a.m. and resumed at 11:42 a.m.

The following delegates spoke on this item:
Lin Grist
Ron East
Tanya Gevaert
David J. A. Douglas
Susan Watson
Elizabeth Snell
Morgan Dandie
Donna Jennison
Susan Ratcliffe
Steven Petric
Shakiba Shayani
Mike Puddister
Alexandre Krucker
Ryan Scott

The following registered delegates did not speak to this item:
Scott Frederick
Dominica McPherson

Council recessed at 1:12 p.m. and resumed at 1:41 p.m.

• Moved By Councillor Allt
  Seconded By Councillor Busuttil
  1. That staff be directed to use the key themes in the Analysis of Bill 109 (More Homes for Everyone Act, 2022) and Bill 23 (More Homes Built Faster Act, 2022) - 2022-349 report to respond to the various consultations related to Bill 23, More Homes Built Faster Act, 2022; and
  2. Whereas Bill 23, More Homes Built Faster Act, 2022, significantly affects municipal financing, infrastructure planning and funding, climate change strategies and staffing levels without meaningful pre-consultation and has the potential for unintended impacts to municipalities; and
     
     Whereas the current timing for input on these substantial changes in legislation and regulation is not adequate for the municipal sector to provide fulsome, effective, and constructive feedback or to identify the unintended consequences and serious implications that may arise from these proposed changes.
     
     Therefore, be it resolved that Guelph City Council requests the Province of Ontario extend the comment period for all 30 and 31-day postings for feedback on potential legislative, regulatory, policy and other changes, to 66-day postings, to allow for robust and meaningful municipal consultation; and
  3. That in response to Bill 109, By-Law Number (2017)-20216, be amended in accordance with the Planning and Development Fees outlined in Attachment 1 as an interim step to protect Planning and Development Fee revenue until a full fee review can be completed; and
  4. That in response to Bill 109, Council directs staff to undertake a Planning and Development Fee review in 2023 with the intent of supporting full cost recovery; and
  5. That in response to Bill 109, and the urgency to get in place appropriate staffing to meet the shortened, mandated development application timelines, and the challenges experienced with recruiting contract/temporary resources to support this work, Council approves an investment of $1,010,000 for staffing and related costs, and consulting fees for a Planning and Development Fee study in 2023, funded as follows:
     1. $558,000 in one-time funding from the Tax Rate Operating Contingency reserve with the intention of full cost recovery for these positions through fees beginning in 2024; and
     2. $452,000 in tax levy impact, comprised of $274,000 (0.10%) in additional payments in lieu and taxes to be levied above what is included in the 2023 approved budget and $178,000 that is already included in the 2023 approved budget; and
     3. That the City of Guelph calls on the Government of Ontario to provide ongoing funding for costs associated with complying with Bill 109 that are not able to be recovered through Planning and Development fees.
  6. That in response to Bill 23, and recognizing that with the changes proposed by this legislation that the gap between the cost of growth infrastructure and capital growth revenue streams will increase, the City of Guelph calls on the Government of Ontario to fund the financial gap for municipalities; and
  7. That in response to Bill 23, and with no demonstratable evidence that the proposed legislative changes will result in lower housing prices, the City of Guelph calls on the Province of Ontario to review policies and penalties related to approved, unbuilt housing units targeting approved, unbuilt units where 18 months or more has passed since the issuance of building permits or approval of zoning amendments; and
  8. That a copy of this report, and all related public correspondence and feedback from Guelph residents, be forwarded to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Provincial Standing Committee on Heritage, Infrastructure and Cultural Policy, Mayor Drew Dilkens, Chair, Housing Supply Action Plan Implementation Team, Grand River Conservation Authority, Wellington County, MPP Mike Schreiner, the Honourable Ted Arnott, Speaker, MPP Wellington-Halton Hills, Colin Best, President of the Association of Municipalities of Ontario (AMO), and Ontario’s Big City Mayors (OBCM).
• First Amendment
  Moved By Councillor Downer
  Seconded By Councillor O'Rourke
  2. Whereas Bill 23, More Homes Built Faster Act, 2022, significantly affects municipal financing, infrastructure planning and funding, climate change strategies and staffing levels without meaningful pre-consultation and has the potential for unintended impacts to municipalities; and

  Whereas the current timing for input on these substantial changes in legislation and regulation is not adequate for the municipal sector to provide fulsome, effective, and constructive feedback or to identify the unintended consequences and serious implications that may arise from these proposed changes.

  Therefore, be it resolved that Guelph City Council opposes Bill 23 in its current form and requests the Province of Ontario extend the comment period for all 30 and 31-day postings for feedback on potential legislative, regulatory, policy and other changes, to 66-day postings, to allow for robust and meaningful municipal consultation; and

  Voting in Favour: (13)

  Councillor Caton, Councillor O'Rourke, Mayor Guthrie, Councillor Allt, Councillor Billings, Councillor Busuttil, Councillor Caron, Councillor Chew, Councillor Downer, Councillor Gibson, Councillor Goller, Councillor Klassen, and Councillor Richardson

  Carried (13 to 0)
• Main Motion as Amended
  Moved By Councillor Allt
  Seconded By Councillor Busuttil
  1. That staff be directed to use the key themes in the Analysis of Bill 109 (More Homes for Everyone Act, 2022) and Bill 23 (More Homes Built Faster Act, 2022) - 2022-349 report to respond to the various consultations related to Bill 23, More Homes Built Faster Act, 2022; and
  2. Whereas Bill 23, More Homes Built Faster Act, 2022, significantly affects municipal financing, infrastructure planning and funding, climate change strategies and staffing levels without meaningful pre-consultation and has the potential for unintended impacts to municipalities; and
     
     Whereas the current timing for input on these substantial changes in legislation and regulation is not adequate for the municipal sector to provide fulsome, effective, and constructive feedback or to identify the unintended consequences and serious implications that may arise from these proposed changes.
     
     Therefore, be it resolved that Guelph City Council opposes Bill 23 in its current form and requests the Province of Ontario extend the comment period for all 30 and 31-day postings for feedback on potential legislative, regulatory, policy and other changes, to 66-day postings, to allow for robust and meaningful municipal consultation; and
     
     
  3. That in response to Bill 109, By-Law Number (2017)-20216, be amended in accordance with the Planning and Development Fees outlined in Attachment 1 as an interim step to protect Planning and Development Fee revenue until a full fee review can be completed; and
  4. That in response to Bill 109, Council directs staff to undertake a Planning and Development Fee review in 2023 with the intent of supporting full cost recovery; and
  5. That in response to Bill 109, and the urgency to get in place appropriate staffing to meet the shortened, mandated development application timelines, and the challenges experienced with recruiting contract/temporary resources to support this work, Council approves an investment of $1,010,000 for staffing and related costs, and consulting fees for a Planning and Development Fee study in 2023, funded as follows:
     1. $558,000 in one-time funding from the Tax Rate Operating Contingency reserve with the intention of full cost recovery for these positions through fees beginning in 2024; and
     2. $452,000 in tax levy impact, comprised of $274,000 (0.10%) in additional payments in lieu and taxes to be levied above what is included in the 2023 approved budget and $178,000 that is already included in the 2023 approved budget; and
     3. That the City of Guelph calls on the Government of Ontario to provide ongoing funding for costs associated with complying with Bill 109 that are not able to be recovered through Planning and Development fees.
  6. That in response to Bill 23, and recognizing that with the changes proposed by this legislation that the gap between the cost of growth infrastructure and capital growth revenue streams will increase, the City of Guelph calls on the Government of Ontario to fund the financial gap for municipalities; and
  7. That in response to Bill 23, and with no demonstratable evidence that the proposed legislative changes will result in lower housing prices, the City of Guelph calls on the Province of Ontario to review policies and penalties related to approved, unbuilt housing units targeting approved, unbuilt units where 18 months or more has passed since the issuance of building permits or approval of zoning amendments; and
  8. That a copy of this report, and all related public correspondence and feedback from Guelph residents, be forwarded to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Provincial Standing Committee on Heritage, Infrastructure and Cultural Policy, Mayor Drew Dilkens, Chair, Housing Supply Action Plan Implementation Team, Grand River Conservation Authority, Wellington County, MPP Mike Schreiner, the Honourable Ted Arnott, Speaker, MPP Wellington-Halton Hills, Colin Best, President of the Association of Municipalities of Ontario (AMO), and Ontario’s Big City Mayors (OBCM).

  Voting in Favour: (12)

  Councillor Allt, Councillor Billings, Mayor Guthrie, Councillor Busuttil, Councillor Caron, Councillor Caton, Councillor Chew, Councillor Downer, Councillor Goller, Councillor Klassen, Councillor O'Rourke, and Councillor Richardson

  Carried (12 to 0)

4.

By-laws

• Moved By Councillor Allt
  Seconded By Councillor Richardson

  That By-laws numbered (2022) - 20752 through (2022) - 20754 are hereby passed

  Voting in Favour: (12)

  Mayor Guthrie, Councillor Allt, Councillor Billings, Councillor Busuttil, Councillor Caron, Councillor Caton, Councillor Chew, Councillor Downer, Councillor Goller, Councillor Klassen, Councillor O'Rourke, and Councillor Richardson

  Carried (12 to 0)

5.

Adjournment

• Moved By Councillor Billings
  Seconded By Councillor Caron

  That the meeting be adjourned. (2:54 p.m.)

  Carried