Minutes of Committee of the Whole Meeting

Monday, February 07, 2022 at 2:00 P.m. - 6:00 P.m.

Remote meeting live streamed on guelph.ca/live

Council:

• Mayor C. Guthrie
• Councillor P. Allt
• Councillor B. Bell
• Councillor C. Billings
• Councillor L. Caron
• Councillor C. Downer
• Councillor D. Gibson
• Councillor R. Goller
• Councillor J. Gordon
• Councillor J. Hofland
• Councillor M. MacKinnon
• Councillor D. O'Rourke

Absent:

• Councillor M. Salisbury

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
• B. Swartzentruber, Executive Director, Smart Cities Office
• T. Baker, General Manager, Finance/City Treasurer
• D. Godfrey, General Manager, Operations
• J. Regan, General Manager, Economic Development and Tourism
• A. Vilkko, General Manager, Facilities and Energy Management
• K. Walkey, General Manager, Planning and Building Services
• C. Masterson, Manager, Tourism and Destination Development
• C. Masterson, Manager, Tourism and Destination Development
• D. Messer, Manager, Circular Opportunity Innovation Launchpad.
• J. McNeice, Manager, Our Food Future Initiative
• R. Steepe, Administrative Assistant, Smart Cities
• S. O'Brien, General Manager, City Clerk's Office/City Clerk
• T. Di Lullo, Council and Committee Coordinator
• G. Meades, Council and Committee Coordinator

Also Present:

• Justine Dainard, Program Manager, Smart Cities, County of Wellington

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2.

Call to Order - Chair O'Rourke

Councillor O'Rourke called the meeting to order. (2:01 p.m.)

2.1

Disclosure of Pecuniary Interest and General Nature Thereof

There were no disclosures. 

3.

Staff Recognitions

3.1

City of Guelph - 2021 Lean Yellow Belt Graduates

Scott Stewart, Chief Administrative Officer, provided an introduction for the Lean Yellow Belt Graduates presentation. Colleen Clack-Bush, Deputy Chief Administrative Officer, Public Services introduced the graduates from Public Services service area. Jayne Holmes, Deputy Chief Administrative Officer, Infrastructure, Development and Enterprise, introduced the graduates from the Infrastructure, Development and Enterprise service area. Trevor Lee, Deputy Chief Administrative Officer, Corporate Services introduced the graduates from the Corporate Services service area and provide closing remarks.

4.

Service Area - Governance 

5.

Items for Discussion - Governance 

5.1

Smart Cities Update – Our Food Future and Circular Opportunity Innovation Launchpad (COIL) - 2022-31

Scott Stewart, Chief Administrative Officer, introduced the Smart Cities Update presentation. Barb Swartzentruber, Executive Director, Smart Cities provided high level information regarding the Smart Cities Update. Jonathan McNeice, Manager, Our Future Food Initiative, David Messer, Manager Circular Opportunity Innovation Launchpad and Justine Dainard, Program Manager, Smart Cities, County of Wellington provided details regarding the Smart Cities update.

Mayor Guthrie joined the meeting. (2:40 p.m.)

The following delegates spoke:
Kate Vsetule
Julia Grady
Cher Mereweather
Brendan Johnson

• Moved By Mayor Guthrie
  Seconded By Councillor Allt
  1. That the report “Smart Cities Update – Our Food Future and Circular Opportunity Launchpad” dated February 7, 2022 be received.

  Voting in Favour: (12)

  Mayor Guthrie, Councillor Gibson, Councillor Bell, Councillor Gordon, Councillor Goller, Councillor Allt, Councillor Hofland, Councillor Downer, Councillor MacKinnon, Councillor O'Rourke, Councillor Billings, and Councillor Caron

  Carried (12 to 0)

7.

Service Area - Infrastructure, Development and Enterprise Services 

8.

Items for Discussion - Infrastructure, Development and Enterprise Services

8.1

Long-term and Short-term Rental Housing Report, 2020-138

Colleen Clack-Bush, Deputy Chief Administrative Officer, Public Services provided information regarding the Short-term Rental Housing portion of the report. Jayne Holmes, Deputy Chief Administrative Officer, Infrastructure, Development and Enterprise continued with information relating to Long-term Rental Housing.

The following delegates spoke:
Michael Craig
Maria Kuzmina

• Main Motion
  Moved By Councillor Allt
  Seconded By Councillor Hofland
  1. That Council approve the approach to licence short-term rentals in principal residences under the City’s Business Licence By-law (2009)-18855.
  2. That Council direct staff to engage key stakeholders and the public to develop a short-term rental category along with regulations under the City’s Business Licensing By-law (2009)-18855 and report back to Council in the fourth quarter of 2022.
  3. That the Business Licence fee for short-term rentals and associated costs be included in the 2023 budget confirmation.
  4. That staff continue to use the proactive enforcement and education approach to manage long-term rental housing in Guelph.

      
• Amendment to the Main Motion
  Moved By Councillor Caron
  Seconded By Councillor MacKinnon
  1. That Council approve the approach to licence short-term rentals under the City’s Business Licence By-law (2009)-18855.

  Voting in Favour: (10)	Mayor Guthrie, Councillor Gibson, Councillor Bell, Councillor Gordon, Councillor Allt, Councillor Hofland, Councillor Downer, Councillor MacKinnon, Councillor Billings, and Councillor Caron
  Voting Against: (2)	Councillor Goller, and Councillor O'Rourke

  Carried (10 to 2)
• Main Motion as Amended
  Moved By Councillor Allt
  Seconded By Councillor Hofland
  1. That Council approve the approach to licence short-term rentals under the City’s Business Licence By-law (2009)-18855.
  2. That Council direct staff to engage key stakeholders and the public to develop a short-term rental category along with regulations under the City’s Business Licensing By-law (2009)-18855 and report back to Council in the fourth quarter of 2022.
  3. That the Business Licence fee for short-term rentals and associated costs be included in the 2023 budget confirmation.
  4. That staff continue to use the proactive enforcement and education approach to manage long-term rental housing in Guelph.

      

  It was requested the clause 4 be voted on separately.

  
  
• Moved By Councillor Allt
  Seconded By Councillor Hofland
  1. That Council approve the approach to licence short-term rentals under the City’s Business Licence By-law (2009)-18855.
  2. That Council direct staff to engage key stakeholders and the public to develop a short-term rental category along with regulations under the City’s Business Licensing By-law (2009)-18855 and report back to Council in the fourth quarter of 2022.
  3. That the Business Licence fee for short-term rentals and associated costs be included in the 2023 budget confirmation.

  Voting in Favour: (12)

  Mayor Guthrie, Councillor Gibson, Councillor Bell, Councillor Gordon, Councillor Goller, Councillor Allt, Councillor Hofland, Councillor Downer, Councillor MacKinnon, Councillor O'Rourke, Councillor Billings, and Councillor Caron

  Carried (12 to 0)
• Motion
  Moved By Councillor Allt
  Seconded By Councillor Hofland

  4. That staff continue to use the proactive enforcement and education approach to manage long-term rental housing in Guelph.
• Amendment
  Moved By Councillor Caron
  Seconded By Councillor Downer

  4. That staff continue to use the proactive enforcement and education approach to manage long-term rental housing in Guelph for the next two years, and that staff report back with updated data for future consideration of rental licencing. 

  Voting in Favour: (9)	Mayor Guthrie, Councillor Gibson, Councillor Bell, Councillor Gordon, Councillor Goller, Councillor Downer, Councillor O'Rourke, Councillor Billings, and Councillor Caron
  Voting Against: (3)	Councillor Allt, Councillor Hofland, and Councillor MacKinnon

  Carried (9 to 3)
• Motion as Amended
  Moved By Councillor Allt
  Seconded By Councillor Hofland

  4. That staff continue to use the proactive enforcement and education approach to manage long-term rental housing in Guelph for the next two years, and that staff report back with updated data for future consideration of rental licencing. 

  Voting in Favour: (12)

  Mayor Guthrie, Councillor Gibson, Councillor Bell, Councillor Gordon, Councillor Goller, Councillor Allt, Councillor Hofland, Councillor Downer, Councillor MacKinnon, Councillor O'Rourke, Councillor Billings, and Councillor Caron

  Carried (12 to 0)

  Councillor Allt left the meeting. (5:09 p.m.)

  
  

8.2

Municipal Accommodation Tax - 2022-09

Jayne Holmes, Deputy Chief Administrative Officer, Infrastructure, Development and Enterprise Services, John Regan, General Manager, Economic Development and Tourism and Cathy Masterson, Manager Tourism and Destination Development presented on the Municipal Accommodation Tax Report.

The following delegates spoke:
Shakiba Shyani
Lorenz Calcagno

The following delegates did not speak:
Mandy Clutesi
Miranda Mulholland

• Moved By Councillor Bell
  Seconded By Councillor Hofland
  1. That a four percent Municipal Accommodation Tax rate, as outlined in report 2022-09 Municipal Accommodation Tax, dated February 7, 2022, be approved.
  2. That staff be directed to negotiate and execute a five-year agreement, subject to the satisfaction and authority of the City Solicitor and the Deputy Chief Administrative Officer, Infrastructure, Development and Enterprise, with the Guelph Chamber of Commerce (the Tourism Entity) for the purpose of implementing a Municipal Accommodation Tax.
  3. That Appendix A of the General Reserve and Reserve Fund Policy be amended to reflect the creation of a Tourism Municipal Accommodation Tax Reserve (184) with the terms and authority as identified in the 2022-09 Municipal Accommodation Tax report, dated February 7, 2022.
  4. That the Tourism Municipal Accommodation Tax Reserve be approved to be over-drawn up to a maximum of $1 million, to be paid back by 2027, to enable the program startup activities.

  Voting in Favour: (10)	Mayor Guthrie, Councillor Bell, Councillor Gordon, Councillor Goller, Councillor Hofland, Councillor Downer, Councillor MacKinnon, Councillor O'Rourke, Councillor Billings, and Councillor Caron
  Voting Against: (1)	Councillor Gibson

  Carried (10 to 1)

  Councillor Gibson left the meeting. (6:00 p.m.)

  Council recessed at 6:00 p.m.

  Council reconvened at 6:30 p.m. 

  
  

8.3

Property Assessed Clean Energy Update - 2022-27

Jayne Holmes, Deputy Chief Administrative Officer, Infrastructure, Development and Enterprise, James Krauter Manager Taxation and Revenue/Deputy Treasurer and Antti Vilkko, General Manager, Facilities and Energy Management provided a presentation on the subject.

• Main Motion
  Moved By Councillor Goller
  Seconded By Councillor Gordon
  1. That staff be directed to finalize the funding opportunity including a loan of up to $10 million and a grant of up to $5 million for a residential Property Assessed Clean Energy program with Federation of Canadian Municipalities through the Community Efficiency Funding of the Green Municipal Fund.
  2. That staff be directed to develop, implement, and administer a Property Assessed Clean Energy program and that delegated authority be provided to both the Deputy Chief Administrative Officer, Infrastructure Development Enterprise and Deputy Chief Administrative Officer, Corporate Services to enter into and execute any required agreements and staffing contracts for such implementation.
  3. That the City’s financial contribution to the Property Assessed Clean Energy program of up to $3.5 million be funded from the 100 Renewable Energy Reserve Fund and that this funding obligation be incorporated into future City budgets or apportioned from other funding opportunities.
  4. That Appendix A of the General Reserve and Reserve Fund Policy be amended to reflect the creation of a Property Assessed Clean Energy Reserve Fund with the terms and authority as identified in the Property Assessed Clean Energy Update dated February 7, 2022.
  5. That staff be directed to draft the appropriate by-laws required for a Property Assessed Clean Energy program and bring those forward to a future Council meeting for approval.
• Amendment to the Main Motion
  Moved By Councillor Goller
  Seconded By Mayor Guthrie

  6. That staff be directed to review and implement the appropriate administration fee amount to be applied to facilitate recovery of City costs accrued for the full period of the PACE loan.
• Amendment to the Amendment
  Moved By Councillor Billings
  Seconded By Councillor MacKinnon

  6. That staff be directed to review and implement the appropriate administration fee amount to be applied to facilitate recovery of City all costs accrued for the full period of the PACE program.

  The original amendment and the amendment to the amendment were both withdrawn.

  
  
• Moved By Councillor MacKinnon
  Seconded By Councillor Billings

  That the following be referred to the Council meeting being held February 28, 2022.

  1. That staff be directed to finalize the funding opportunity including a loan of up to $10 million and a grant of up to $5 million for a residential Property Assessed Clean Energy program with Federation of Canadian Municipalities through the Community Efficiency Funding of the Green Municipal Fund.
  2. That staff be directed to develop, implement, and administer a Property Assessed Clean Energy program and that delegated authority be provided to both the Deputy Chief Administrative Officer, Infrastructure Development Enterprise and Deputy Chief Administrative Officer, Corporate Services to enter into and execute any required agreements and staffing contracts for such implementation.
  3. That the City’s financial contribution to the Property Assessed Clean Energy program of up to $3.5 million be funded from the 100 Renewable Energy Reserve Fund and that this funding obligation be incorporated into future City budgets or apportioned from other funding opportunities.
  4. That Appendix A of the General Reserve and Reserve Fund Policy be amended to reflect the creation of a Property Assessed Clean Energy Reserve Fund with the terms and authority as identified in the Property Assessed Clean Energy Update dated February 7, 2022.
  5. That staff be directed to draft the appropriate by-laws required for a Property Assessed Clean Energy program and bring those forward to a future Council meeting for approval.

  Mayor Guthrie raised a Point of Order and asked for clarification regarding the need for a referral given that items on a Committee of the Whole Agenda continue to the meeting of Council. 

  Councillor Bell raised a Point of Order and asked Chair O'Rourke to confirm if a discussion on the motion was allowed. Chair O'Rourke ruled that a discussion was permissible.
• Moved By Councillor Hofland
  Seconded By Councillor MacKinnon

  That Section 4.14 (a) and (b) of the Procedural By-law be invoked to allow Committee of the Whole to continue to 9:00 p.m.

  Voting in Favour: (10)

  Mayor Guthrie, Councillor Bell, Councillor Gordon, Councillor Goller, Councillor Hofland, Councillor Downer, Councillor MacKinnon, Councillor O'Rourke, Councillor Billings, and Councillor Caron

  Carried (10 to 0)
• Moved By Councillor MacKinnon
  Seconded By Councillor Billings

  That the following be referred to the Council meeting being held February 28, 2022.

  1. That staff be directed to finalize the funding opportunity including a loan of up to $10 million and a grant of up to $5 million for a residential Property Assessed Clean Energy program with Federation of Canadian Municipalities through the Community Efficiency Funding of the Green Municipal Fund.
  2. That staff be directed to develop, implement, and administer a Property Assessed Clean Energy program and that delegated authority be provided to both the Deputy Chief Administrative Officer, Infrastructure Development Enterprise and Deputy Chief Administrative Officer, Corporate Services to enter into and execute any required agreements and staffing contracts for such implementation.
  3. That the City’s financial contribution to the Property Assessed Clean Energy program of up to $3.5 million be funded from the 100 Renewable Energy Reserve Fund and that this funding obligation be incorporated into future City budgets or apportioned from other funding opportunities.
  4. That Appendix A of the General Reserve and Reserve Fund Policy be amended to reflect the creation of a Property Assessed Clean Energy Reserve Fund with the terms and authority as identified in the Property Assessed Clean Energy Update dated February 7, 2022.
  5. That staff be directed to draft the appropriate by-laws required for a Property Assessed Clean Energy program and bring those forward to a future Council meeting for approval

  Voting in Favour: (2)	Councillor MacKinnon, and Councillor Billings
  Voting Against: (8)	Mayor Guthrie, Councillor Bell, Councillor Gordon, Councillor Goller, Councillor Hofland, Councillor Downer, Councillor O'Rourke, and Councillor Caron

  Defeated (2 to 8)
• Moved By Councillor Goller
  Seconded By Councillor Gordon
  1. That staff be directed to finalize the funding opportunity including a loan of up to $10 million and a grant of up to $5 million for a residential Property Assessed Clean Energy program with Federation of Canadian Municipalities through the Community Efficiency Funding of the Green Municipal Fund.
  2. That staff be directed to develop, implement, and administer a Property Assessed Clean Energy program and that delegated authority be provided to both the Deputy Chief Administrative Officer, Infrastructure Development Enterprise and Deputy Chief Administrative Officer, Corporate Services to enter into and execute any required agreements and staffing contracts for such implementation.
  3. That the City’s financial contribution to the Property Assessed Clean Energy program of up to $3.5 million be funded from the 100 Renewable Energy Reserve Fund and that this funding obligation be incorporated into future City budgets or apportioned from other funding opportunities.
  4. That Appendix A of the General Reserve and Reserve Fund Policy be amended to reflect the creation of a Property Assessed Clean Energy Reserve Fund with the terms and authority as identified in the Property Assessed Clean Energy Update dated February 7, 2022.
  5. That staff be directed to draft the appropriate by-laws required for a Property Assessed Clean Energy program and bring those forward to a future Council meeting for approval

  Voting in Favour: (7)	Mayor Guthrie, Councillor Gordon, Councillor Goller, Councillor Hofland, Councillor Downer, Councillor O'Rourke, and Councillor Caron
  Voting Against: (3)	Councillor Bell, Councillor MacKinnon, and Councillor Billings

  Carried (7 to 3)

10.

Adjournment

• Moved By Councillor Billings
  Seconded By Councillor Hofland

  That Council is adjourned (8:10 p.m.)

   

  Voting in Favour: (10)

  Mayor Guthrie, Councillor Bell, Councillor Gordon, Councillor Goller, Councillor Hofland, Councillor Downer, Councillor MacKinnon, Councillor O'Rourke, Councillor Billings, and Councillor Caron

  Carried (10 to 0)