Minutes of Guelph City Council

Tuesday, February 28, 2023 at 4:30 P.m. - 10:00 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
• S. O'Brien, General Manager, City Clerk's Office/City Clerk
• J. da Silva, Council and Committee Coordinator
• G. Meades, Council and Committee Coordinator
• A. Sandor, Council and Committee Assistant

Also Present:

• Michelle Karker, Chief Executive Officer, The Elliot Community

  John Mascarin, Integrity Commissioner, Aird and Berlis LLP

  Mike Moffat, Senior Director of Policy and Innovation, Smart Prosperity Institute

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2.

Call to Order

Mayor Guthrie called the meeting to order. (4:34 p.m.)

3.

Disclosure of Pecuniary Interest and General Nature Thereof

None.

4.

Authority to move into closed meeting

• Moved By Councillor Allt
  Seconded By Councillor Caron

  That the Council of the City of Guelph now hold a meeting that is closed to the public, pursuant Section 239(2) (b), (d), (f) and (k) of the Municipal Act relating personal matters about an identifiable individual, including municipal or local board employees; labour relations or employee negotiations; advice that is subject to solicitor-client privilege, including communications necessary for that purpose and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

  Voting in Favour: (11)

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

  Carried (11 to 0)

  The following items were considered: 

  
  

4.1

Call to Order (closed meeting)

4.2

Disclosure of Pecuniary Interest and General Nature Thereof (closed items)

4.3

Confirmation of Minutes for the closed Council meetings held January 24 and 25, 2023.

4.4

Bargaining Mandate Report Guelph Professional Firefighters Association Local 467 - 2023-71

4.5

The Elliott Long-Term Care Residence Report - Long Term Care Home Redevelopment - 2023-95

4.6

70 Fountain Street East – Ontario Land Tribunal Direction Follow-up

5.

Open Meeting

Mayor Guthrie called the meeting to order. (6:32 p.m.)

5.1

Closed Meeting Summary

Mayor Guthrie spoke regarding the matters discussed in closed session and identified the following: 

Bargaining Mandate Report Guelph Professional Firefighters Association Local 467 - 2023-71
Council provided staff direction on the subject.

The Elliott Long-Term Care Residence Report - Long Term Care Home Redevelopment - 2023-95
Council will introduce a motion at the February 28, 2023 open session of Council.

70 Fountain Street East – Ontario Land Tribunal Direction Follow-up
Council received information on the subject.

5.5

Disclosure of Pecuniary Interest and General Nature Thereof

None.

6.

Recognitions

6.1

Recognition - Waterloo Area's Top Employers of 2023

Mayor Guthrie, Trevor Lee, Deputy Chief Administrative Officer, Corporate Services and Scott Stewart, Chief Administrative Officer presented the Waterloo Area's Top Employers of 2023 recognition for the City of Guelph. 

7.

Confirmation of Open Minutes

• Moved By Councillor Gibson
  Seconded By Councillor Richardson

  That the minutes of the open Council Meetings held November 15, January 10, 24 and 25, 2023 and the Committee of the Whole Meeting held January 10, 2023 be confirmed as recorded and without being read.

  Voting in Favour: (13)

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

  Carried (13 to 0)

8.

Committee of the Whole Consent Report

The following item was extracted from the Committee of the Whole Consent Report:

Guelph Greener Homes Program Update - 2023-18

That the balance of the February 28, 2023 Committee of the Whole Consent Report identified below, be adopted:

8.1

Region of Waterloo Organics Processing Contract - 2023-24

• Moved By Councillor Goller
  Seconded By Councillor Busuttil
  1. That Council approve the renewal of the Organic Waste Processing Agreement with the Regional Municipality of Waterloo for the first of two optional five-year renewal terms for the continued processing of organics (green cart) material from October 14, 2023 to October 13, 2028;
  2. That Council approve the amendment of the Organic Waste Processing Agreement with the Regional Municipality of Waterloo to suspend the annual price index adjustment for the five-year term to reflect current market conditions; and
  3. That staff be directed to negotiate and execute an amending agreement to the Organic Waste Processing Agreement with the Regional Municipality of Waterloo to give effect to the foregoing recommendations, subject to the satisfaction of the Deputy Chief Administrative Officer of Infrastructure, Development and Enterprise Services, and the General Manager of Legal, Realty, and Court Services/City Solicitor.

  Voting in Favour: (13)

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

  Carried (13 to 0)

9.

Items for Discussion

9.1

Guelph Greener Homes Program Update - 2023-18

• Moved By Councillor Goller
  Seconded By Councillor Busuttil
  1. That the Deputy Chief Administrative Officer, Infrastructure Development Enterprise is authorized to approve the entering into and is authorized to execute all agreements related to the Guelph Greener Homes Program on behalf of the City.  This delegated authority applies equally to supplementary documents, agreements, amendments, renewals and termination of such agreements.
  2. That the City Clerk and Direct Report Manager responsible for the Guelph Greener Homes Program are authorized to approve the entering into and are authorized to execute the property owner agreements on behalf of the City.  This delegated authority applies equally to supplementary documents, agreements, amendments, renewals and termination of such agreements. 

  Voting in Favour: (13)

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

  Carried (13 to 0)

9.2

2022 Annual Report of the Integrity Commissioner - 2023-56

John Mascarin, Integrity Commissioner, Aird and Berlis LLP, presented the 2022 Annual Report of the Integrity Commissioner.

• Moved By Councillor Downer
  Seconded By Councillor Goller
  1. That the 2022 Annual Report of the Integrity Commissioner, dated February 28, 2023, be received.

  Voting in Favour: (13)

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

  Carried (13 to 0)

9.3

Operations Facilities Long-Term Plan Update - 2023-17

The following delegate spoke:
John Fisher

• Moved By Councillor Downer
  Seconded By Councillor Busuttil
  1. That staff continue to design a new Guelph Transit and Fleet Services facility at the municipal-owned site located at the northwest corner of Watson Parkway South and Stone Road East.
  2. That staff proceed with developing the revised Operations Facilities Long-Term Plan to utilize existing municipal-owned sites 45 Municipal Street, 50 Municipal Street, 170 Watson Road South, 69 Marilyn Drive and 186 Eastview Road for operating services Public Works, Solid Waste Collections, Parks, and Corporate Building Maintenance.
  3. That staff proceed with the planning and design of the Operations Facilities Long-Term Plan and be directed to seek Council approval through the multi-year budget process.

  Voting in Favour: (13)

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

  Carried (13 to 0)
• Moved By Councillor O'Rourke
  Seconded By Councillor Richardson
  1. That prior to the multi-year budget process, staff provide an information report outlining anticipated costs and a revised timeline for the Operations Facility Long-Term Plan. 

  Voting in Favour: (13)

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

  Carried (13 to 0)

9.4

City of Guelph Housing Pledge - By Guelph, For Guelph - 2023-88

Jayne Holmes, Deputy Chief Administrative Officer, Infrastructure Development and Enterprise, Scott Stewart, Chief Administrative Officer and Mike Moffat, Senior Director of Policy and Innovation, Smart Prosperity Institute presented the City of Guelph Housing Pledge - By Guelph, For Guelph.

The following delegate spoke:
David Douglas
Tanya Gevaert
Josh Kaufman

Council recessed. (9:50 p.m.)

Council reconvened. (9:56 p.m.)

Councillor Goller raised a point of order. Councillor Goller inquired about deferring the motion. Mayor Guthrie noted a motion to defer is an option to Council.

• Motion
  Moved By Councillor Gibson
  Seconded By Councillor Busuttil
  1. That the City of Guelph Housing Pledge to facilitate the construction of 18,000 units by 2031, attached as Appendix “A” be approved; and
  2. That the Mayor be authorized to submit the final Municipal Housing Pledge to the Minister of Municipal Affairs and Housing and those copied on March 1, 2023.
• First Amendment to the Motion
  Moved By Councillor Downer
  Seconded By Councillor Goller
  1. Notwithstanding current actions, or new actions undertaken by the municipality to support this pledge, that Council recognize that meeting the housing target is subject to Provincial action, as identified by Attachment 1, to support and implement the Pledge.

  Voting in Favour: (13)

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

  Carried (13 to 0)
• Second Amendment to the Motion
  Moved By Councillor O'Rourke
  Seconded By Councillor Busuttil
  1. To add an item to the pledge document, Attachment 1: That the City of Guelph requests the Province of Ontario to prioritize investment in brownfield remediation in Guelph and across Ontario to fund the remediation and clean-up of municipally managed contaminated sites so we can unlock these lands for housing, economic development and other community needs. 

  Voting in Favour: (13)

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

  Carried (13 to 0)
• Third Amendment to the Motion
  Moved By Councillor O'Rourke
  Seconded By Councillor Chew
  1. To add an item to the pledge document, Attachment 1:  That the City of Guelph requests the Province of Ontario donate provincially-owned surplus lands in the City of Guelph to be used for subsidized, co-op or non-profit housing.

  Voting in Favour: (13)

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

  Carried (13 to 0)
• Fourth Amendment to the Motion
  Moved By Councillor O'Rourke
  Seconded By Councillor Richardson
  1. That the City of Guelph call on the Province of Ontario to freeze changes in population targets and time horizons for 5 years to allow realignment of Master Planning to meet the needs of city residents, and to cease changes to the Planning Act to allow municipalities time to focus on approvals and issuing permits rather than reacting to changes in legislation.

  Voting in Favour: (12)	Mayor Guthrie, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew
  Voting Against: (1)	Councillor Gibson

  Carried (12 to 1)
• Fifth Amendment to the Motion
  Moved By Councillor Caton
  Seconded By Councillor Downer
  1. That clause 27 of the Attachment 1, the City of Guelph Housing Pledge, be amended as follows: That the Province increases funding for affordable accessible and supportive housing projects to address the critical shortage in Guelph which would include funding for new units as well as ongoing support services.

  Voting in Favour: (13)

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

  Carried (13 to 0)
• Sixth Amendment to the Motion
  Moved By Councillor Klassen
  Seconded By Councillor Downer
  1. That the federal government collaborate on these issues directly with municipalities and with the provincial government and then also include MP and PM on the correspondence. 

  Voting in Favour: (13)

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

  Carried (13 to 0)
• Seventh Amendment to the Motion
  Moved By Councillor Gibson
  Seconded By Councillor Klassen
  1. That the Province be called upon to action and fund the third-party audit program as soon as possible in order validate and provide provincial funding to address the City of Guelph’s growth revenue shortfalls created by recent legislation changes. 

  Voting in Favour: (13)

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

  Carried (13 to 0)
• Motion as Amended
  Moved By Councillor Gibson
  Seconded By Councillor Busuttil
  1. That the City of Guelph Housing Pledge to facilitate the construction of 18,000 units by 2031, attached as Attachment 1, as amended, be approved; and
  2. Notwithstanding current actions, or new actions undertaken by the municipality to support this pledge, that Council recognize that meeting the housing target is subject to Provincial action, as identified by Attachment 1, to support and implement the Pledge.
  3. That the City of Guelph call on the Province of Ontario to freeze changes in population targets and time horizons for 5 years to allow realignment of Master Planning to meet the needs of city residents, and to cease changes to the Planning Act to allow municipalities time to focus on approvals and issuing permits rather than reacting to changes in legislation.
  4. That the Province be called upon to action and fund the third-party audit program as soon as possible in order validate and provide provincial funding to address the City of Guelph’s growth revenue shortfalls created by recent legislation changes.
  5. That the federal government collaborate on these issues directly with municipalities and with the provincial government.
  6. That the Mayor be authorized to submit the final Municipal Housing Pledge to the Minister of Municipal Affairs and Housing and those copied on March 1, 2023.

  Voting in Favour: (13)

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

  Carried (13 to 0)

9.5

The Elliott Long-Term Care Residence Report - Approval for Long Term Care Home Redevelopment

Michelle Karker, Chief Executive Officer, The Elliot Community presented on the Elliott Long-Term Care Residence Report - Approval for Long Term Care Home Redevelopment Report

Colleen Clack-Bush, Deputy Chief Administrative Officer, Public Services presented on the Staff Memo - The Elliott Community Expansion Project - 2023-80.

• Moved By Councillor Busuttil
  Seconded By Councillor Downer
  1. That the report title "The Elliot Long-Term Care Residence Report" dated February 28, 2023 be received.
  2. That, as the license holder, City Council approves proceeding with Phases 1 and 2 of The Elliott Community’s 29-Bed Expansion project in accordance with the application submitted to the Ministry of Long-Term Care in December 2021, and that any impact for the City’s operating budget be referred to the 2024 – 2027 multi-year budget.
  3. That City Council approves a one-time, in-year capital contribution for The Elliott Community’s 29-Bed Expansion project in the amount of $862,780 from the Tax Rate Operating Contingency reserve.
  4. That, subject to the satisfaction of the City Treasurer and City Solicitor through a review of the financing options as described and contingent upon The Elliott Community qualifying for the Construction Funding Subsidy per diem top-up funding from the Ministry of Long-Term Care by August 31, 2023, that City staff be directed to execute the appropriate agreements to provide interim construction line-of-credit financing of up to $6.2 million, and then convert a portion of this amount, estimated to be $1.9 million, to provide fixed-term financing aligned to the Ministry of Long-term Care’s 25-year Construction Fund Subsidy funding.
  5. That, subject to the satisfaction of the Deputy CAO Public Services and the City Solicitor, City staff be directed to sign The Elliott LTC Development Agreement issued by the Ministry of Long-Term Care for The Elliott Community’s 29-Bed Expansion project.
  6. That the Deputy CAO Public Services be directed to notify the Ministry of Long-Term Care regarding the details of The Elliott Community’s 29-Bed Expansion project approval, financing, and terms for signing of The Elliott LTC Development Agreement.

  Voting in Favour: (13)

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

  Carried (13 to 0)
• Moved By Councillor Allt
  Seconded By Councillor O'Rourke
  1. That City Council direct the Deputy CAO, Public Services, to communicate with The Elliott management and the representative from the Ministry of Long-Term Care that the expansion project and funding approval for the expansion project are contingent upon the hiring of a certified Project Management Professional to oversee the expansion project.
  2. That City Council direct Elliott staff to submit monthly expansion project updates to the Committee of Management for The Elliott, including details on budget and the expansion project status, Ministry of Long-Term Care approval processes and any changes in expansion project timelines.

  Voting in Favour: (13)

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

  Carried (13 to 0)

9.5.1

Staff Memo - The Elliott Community Expansion Project - 2023-80

10.

By-laws

• Moved By Councillor Goller
  Seconded By Councillor Downer

  That By-laws numbered (2023) - 20764, (2023) - 20767, (2023) - 20771, (2023) - 20778, (2023) - 20780, and (2023) - 20781 are hereby passed.

  Voting in Favour: (13)

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

  Carried (13 to 0)

11.

Mayor’s Announcements

None

12.

Adjournment

• Moved By Councillor Billings
  Seconded By Councillor Klassen

  That the meeting be adjourned (10:56 p.m.)

  Voting in Favour: (13)

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

  Carried (13 to 0)