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Jon Christensen
Guelph Council Record

Council Planning · January 16, 2024 · Item 6.1

Assumptions contained within the 2023 Development Charge Background Study are adopted as an ‘anticipation’ with respect to capital grants…

Procedural under the agenda item Development Charge Background Study and By-Law Adoption - 2024-05

Carried (12 to 0)

12 in favour, 0 against — unanimous

What was voted on

The motion in its exact words, as recorded in the minutes.

That the assumptions contained within the 2023 Development Charge Background Study are adopted as an ‘anticipation’ with respect to capital grants, subsidies and other contributions. That the approach of calculating the Development Charge continue to be on a uniform City-wide basis for all services/classes of services. That the capital project listing set out in Chapter 5 of the Development Charge Background Study dated September 27, 2023, as amended be approved and subject to further annual review during the capital budget and confirmation process. That the Development Charge Background Study dated September 27, 2023, be approved as amended. That, in accordance with the Development Charges Act, 1997, as amended, Council determine that no further public meeting is required in respect of the proposed 2024 Development Charges By-laws. That the Development Charge By-laws, with by-law numbers (2024) – 20866 to (2024) – 20880, as set out in the By-laws section of this meeting agenda be approved. That a new Development Charge Reserve Fund for Long-Term Care be created and that Appendix A of the General Reserve and Reserve Fund Policy be updated accordingly.

Moved by Councillor O'Rourke, seconded by Councillor Chew.

How the room voted

In favour (12)

  • Allt
  • Billings
  • Busuttil
  • Caton
  • Chew
  • Downer
  • Gibson
  • Goller
  • Guthrie
  • Klassen
  • O'Rourke
  • Richardson

Who spoke to it

The following delegate spoke: Susan Watson

What council was given

The staff reports and correspondence attached to this item. The summaries are written automatically, so you can tell what a document is without opening a ninety-page PDF.

A summary is this site’s description of a document, not the City’s. Open the document before relying on one.

What was said

3,415 words from the meeting recording, transcribed automatically. Times are from the start of the recording.

Read the debate(click to open)

2:34:04We have items for discussion with the first one

2:34:06being the development charge background study

2:34:08and the by-law adoption.

2:34:10We do have one delegation.

2:34:12It's Susan Watson.

2:34:14And is Susan Watson joining us by phone

2:34:17or supposed to be in person?

2:34:23Okay.

2:34:23Well, Ms. Watson's not here.

2:34:25So we will just continue then.

2:34:28And there is recommendations

2:34:30for this background study adoption.

2:34:32And there's several motions there.

2:34:35Maybe we can have them.

2:34:36Do you have them ready to go up on the screen?

2:34:38If you could put them up on the screen,

2:34:39I would appreciate that.

2:34:42I am gonna just read them out because that's the job.

2:34:46That the assumptions continue within the 2023

2:34:48development charge background study be adopted

2:34:51as an anticipation with respect to capital grant subsidies

2:34:54and other contributions.

2:34:56That the approach of calculating the development charge

2:34:59continue to be on a uniform city-wide basis

2:35:02for all services classes of services.

2:35:05That the capital project listing set out in chapter five

2:35:12of the development charge background study

2:35:14dated September 27th, 2023 as amended be approved.

2:35:19And subject to further annual review

2:35:20during the capital budget and confirmation process.

2:35:24That the development charge background study

2:35:26dated September 27th, 2023 be approved as amended.

2:35:30That in accordance with the development charge act,

2:35:331997 as amended council determined

2:35:35that no further public meeting is required

2:35:37in respect of the proposed 2024 development charges bylaws.

2:35:41That the development charge bylaws

2:35:43with the bylaw numbers 2024 to 20866 to 2024 dash 2088

2:35:49set out in the bylaw section

2:35:51of this meeting agenda be approved.

2:35:53And that a new development charge reserve fund

2:35:55for long-term care be created

2:35:58and that appendix A of the general reserve

2:36:00and reserve fund policy be updated accordingly.

2:36:05Can I have someone move and second those for me then?

2:36:09Yeah.

2:36:09Point of order.

2:36:10Point of order.

2:36:11Yeah, I see it.

2:36:12Oh, perfect.

2:36:13I see it.

2:36:14It's all good.

2:36:15Seconder for that please, councillor Chew.

2:36:17Okay, now that that's been on the floor,

2:36:19I do see Ms. Watson has walked in.

2:36:22And so we went over you

2:36:24because you just weren't in the building yet

2:36:25but you're here now, so come on up.

2:36:32Thank you for coming.

2:36:40Anyway, so I'm just gonna have to wait.

2:36:41That's okay.

2:36:42And you got five minutes as you know

2:36:43and no warning for me,

2:36:45but you heard the 30 second warning bell, okay?

2:36:47You go right ahead.

2:36:48Yeah.

2:36:50So the thing that I really wanted to underline

2:36:52for everyone is when you're looking

2:36:54at these development charges,

2:36:58it's actually the shortfall

2:37:00that has a direct link

2:37:02to the tax increase that you just approved.

2:37:07So for instance, what you don't see on this chart,

2:37:10so the new rate is gonna be 64,813,

2:37:14but there's an additional public contribution.

2:37:17So for 20 years now, since 1997,

2:37:21when the development charges actually limited

2:37:24what municipalities were able to recover

2:37:27from development charges,

2:37:28we can't recover the full amount.

2:37:30So this represents, what I put up was the 20%,

2:37:34which has been there historically.

2:37:37Kevin actually told me that those ratios now

2:37:40are more like 25% from citizens

2:37:44and 75% from developers.

2:37:47So that figure would be over $20,000.

2:37:50And so the fact that we have been giving that subsidy,

2:37:54that's per detached house.

2:37:57So even if Bill 23 isn't on the scene,

2:38:00we are contributing $20,000

2:38:03for one privately owned home.

2:38:06Now if you bring in, and just imagine,

2:38:09so $20,000 and then you approve 100 houses,

2:38:12that's $2 million of subsidy for 100 houses.

2:38:16Now if you bring in the waived development charges

2:38:20from Bill 23 and you add what we're already contributing

2:38:24to the development charge that is waived,

2:38:27it's going to be more than $85,000 of public money

2:38:34that is going to subsidize one individual house.

2:38:40So the reason we already have

2:38:42a province wide multi-billion dollar infrastructure deficit

2:38:47is because public funds have been siphoned off

2:38:51for 20 years now,

2:38:53instead of going towards that infrastructure.

2:38:55And my next slide, how do I get there?

2:38:59I don't have the ticker.

2:39:01But what I put up was a quote,

2:39:03now you got to meet with Mr. Scanlon before he retired.

2:39:08And in the workshop, he said that he had never

2:39:13in his entire career seen a drop in DCs or lot levies

2:39:18translate into lower prices for home buyers.

2:39:22So my question is like exactly who are we subsidizing for?

2:39:27Because recent stats show that only 25% of Canadians

2:39:32can now afford to buy a detached home.

2:39:35It's not gonna be, I'm paying the tax subsidy on this,

2:39:40but my kids, my young adult kids

2:39:42aren't gonna be able to buy these homes.

2:39:44And so maybe it's gonna be up to core development group

2:39:47that the Toronto Star says is coming to Guelph

2:39:49to buy up single detached homes

2:39:51to add to their rental portfolio

2:39:55so that they can renovate them and jack the prices.

2:39:57And we can see rents go up even more.

2:40:00So I'm actually not doing a happy dance

2:40:03when I find that when I hear

2:40:05that we're getting the accelerator fund money,

2:40:08because in my view, it's an accelerator program

2:40:10for tax increases.

2:40:12And it's an accelerator program for personal bankruptcy

2:40:16and for municipal bankruptcy.

2:40:19And so I'm at the point, like I've been,

2:40:21I would say outraged about this for a couple of decades

2:40:24and now I'd borrow the mayor's word of being livid

2:40:27that I actually feel like I'm living in a kleptocracy

2:40:31where things have been structured legally

2:40:35to siphon money out of citizens' pockets

2:40:39to basically enrich developers.

2:40:41I mean, I don't know if there were any Manila envelopes

2:40:44involved with Bill 23,

2:40:46like there were for the Greenbelt carve outs,

2:40:48but this was one massive Christmas gift

2:40:51for developers coming out of our pockets.

2:40:55So my last slide if I can click ahead.

2:40:57So call them best, who is the president of AMO,

2:41:01said that ultimately members of,

2:41:03he was presenting on Bill 23 in November 22.

2:41:06And he said, ultimately members of the legislature

2:41:08must choose between serving the interests

2:41:10of the development industry

2:41:11or serving the interests of taxpayers.

2:41:14So I think the same thing comes down to you on council.

2:41:18I find it ironic that some of you who identify

2:41:22as fiscal conservatives are the ones

2:41:24who are putting the pedal to the metal on housing

2:41:26and it's just gonna mean increased taxes.

2:41:31Great.

2:41:32Sorry, you do have about 20 seconds left.

2:41:34Okay, we're back to that.

2:41:35Okay, the warning bell.

2:41:37Okay, yes, I've made my point.

2:41:39Okay, all right, thank you.

2:41:40And councillor, all questions as a follow up.

2:41:43Thank you very much, Mayor Guthrie.

2:41:45Just a question, I don't wanna do it

2:41:47as a point of personal privilege.

2:41:49You made reference to the term kleptocracy,

2:41:52which basically means that a government is stealing.

2:41:55I'm assuming that you're not referring

2:41:58to city council as stealing.

2:42:01So no, the provincial government has set up a structure

2:42:07where citizens are subsidizing private assets,

2:42:11privately owned assets.

2:42:12We don't have a choice about that.

2:42:14But through the DC Act of 1997

2:42:19and now through bill 23,

2:42:20that we are enriching developers.

2:42:24We are enriching developers.

2:42:26What do citizens actually get for that money?

2:42:28And it blows my mind,

2:42:31like it's gonna be what, $23 million this year.

2:42:34We have $100,000 in the Affordable Housing Reserve.

2:42:37We have people sleeping in tents, in frigid weather.

2:42:40We have $23 million to give

2:42:43to middle and upper income home buyers

2:42:45and the core development group.

2:42:46But we don't have money for rent,

2:42:48geared to income or supportive housing for people

2:42:50who are living outside.

2:42:52I mean, it's just, it's perverse.

2:42:55And I feel it has been struck.

2:42:57I feel that the provincial government, yes,

2:43:00is stealing from Ontarians to enrich developers.

2:43:03And it's a legally structured.

2:43:06Thank you.

2:43:07I'm fairly sympathetic to the arguments

2:43:08that you've presented with regards to the ratio

2:43:12of funds coming from residents versus from development.

2:43:15But I think I'll probably ask staff one simple question.

2:43:20What is our alternative?

2:43:21And I'll ask that later on.

2:43:22So thank you very much.

2:43:24And a Councillor Ororak, please.

2:43:27Thank you, Mayor Guthrie, through you to Ms. Watson.

2:43:29So we sat on the DC peer review together, right?

2:43:33You've articulated that the exemptions brought in

2:43:36by the province, the city has to comply with, right?

2:43:40The shortfall in revenues is following

2:43:43what's in the DC bylaw, the latest Development Charges Act

2:43:48and their changes to it through Bill 23.

2:43:50So just for clarity, do you feel that Mr. Scanlon and staff,

2:43:56like they have maximized the collectible DCs

2:44:00that the city is allowed to collect?

2:44:02Right, do you, are you comfortable with that process?

2:44:04Yes, I appreciate that.

2:44:06And also Councillor Ororak, I will give you credit

2:44:09for advocating for inclusion of fees

2:44:12for more long-term care in that.

2:44:15Like I know that's something that you have been carrying

2:44:17caring for a long time.

2:44:19What you do have control over,

2:44:21not all municipalities signed the housing pledge.

2:44:25They said, we can't afford it.

2:44:28And Collingwood and some other municipalities

2:44:30put in interim control bylaws.

2:44:33They said, we don't have the money

2:44:35for the infrastructure required for growth.

2:44:38And there was also a decision I understand last December

2:44:41where there was a change from employment lands

2:44:43to housing zoning, which is just gonna jack up

2:44:46the amount of housing.

2:44:47So the more, like you just need to be really clear,

2:44:50the more you accelerate housing,

2:44:52you are accelerating tax increases, right?

2:44:56And so you could say to the province,

2:44:57you could actually represent people of wealth

2:45:01to the province rather than representing the province

2:45:04to the people of wealth and say, sorry,

2:45:06actually we're stopping development

2:45:08until you change this because we can't afford it.

2:45:11And please stop asking the province to make you whole

2:45:15because that's still my money.

2:45:18And it's still developers who are getting off the hook

2:45:21for growth, paying for growth.

2:45:23Growth needs to pay for growth

2:45:26and it needs to be incorporated in the price of the house

2:45:29that's on the market.

2:45:30And maybe it means that the developers

2:45:32take slightly less profit because Mr. Scanlon told you,

2:45:35we give tax reductions of like HST and DC

2:45:43and lot levy cuts and incentives.

2:45:46And how has that ever, ever translated into lower housing

2:45:50prices for private, what ends up being a private asset?

2:45:54So the definition of insanity is continuing

2:45:56to do the same thing over and over again

2:45:57and expecting a result.

2:45:59So we've learned over 30 years that the private sector

2:46:02is not going to solve the housing problem.

2:46:05And that whole issue of supply and demand

2:46:08in the current context is laughably simplistic.

2:46:12Okay.

2:46:13Thank you.

2:46:14Seeing nothing further, thank you very much.

2:46:16Thank you.

2:46:18All right, so we have the motions already on the floor

2:46:22and is there a follow up question to staff keeping in mind?

2:46:29This has, I'll recognize you councillor all in a second.

2:46:32So we're keeping in mind that we've had multiple

2:46:36like dedicated meetings to this up until this moment.

2:46:39So councillor all to you.

2:46:41Thank you, Mayor Guthrie.

2:46:42It actually comes from the presentation of Ms. Watson

2:46:45and the reference was made to a 75, 25 split

2:46:48for development charges, 25% being paid by current residents,

2:46:5475% by developers.

2:46:56And there's two parts to that question.

2:46:58I was wondering if you could comment on those numbers.

2:47:03Is that percentage correct?

2:47:05And what has been the increase as a consequence of bill 23?

2:47:27Through the mayor, my name is Byron Tan.

2:47:29I'm a representative of Watson and Associates

2:47:31and consulted for the city.

2:47:33So in terms of the 75, 25 split, I mean, right now

2:47:37those numbers are again estimates at the end of the day

2:47:40on the total cost of growth.

2:47:42If you take a look at the development charge study

2:47:44as it's formulated dating back to 1997

2:47:48with all the iterations that have come to date,

2:47:51there's been a number of reductions, deductions

2:47:53and exemptions that you must adhere to,

2:47:56you know, in order to conform with the development charge act.

2:48:00So those exemptions and discounts ultimately

2:48:04have to be funded from other sources that are non-DC-able.

2:48:09Now, in addition to that, there's been some changes

2:48:11as well that we had dealt with the city

2:48:13dating back to about 2020 with bill 197,

2:48:17where it ultimately isolated the number of services

2:48:21that you can collect for at the end of the day.

2:48:24So while you may have a total portfolio

2:48:28of growth-related infrastructure and works,

2:48:30you can only collect up to a maximum

2:48:32of 20 different services at this time.

2:48:34So when you're looking at it from the broad spectrum

2:48:37of those services, that's where everything starts, you know,

2:48:40reducing from that 100%.

2:48:42And as of right now, again, the numbers will change

2:48:45depending on what type of building activity you'll receive.

2:48:48If everything's a single detach,

2:48:50there may not be that many exemptions,

2:48:52but the moment you start going into the more high density,

2:48:55that's where more exemptions potentially could take place,

2:48:57and that percentage may change.

2:49:00Thank you.

2:49:00And the last question, another comment from Ms. Watson,

2:49:03I think is quite challenging for us.

2:49:06The more you accelerate housing,

2:49:08the more you accelerate tax increases.

2:49:10I was wondering if someone could please comment on that.

2:49:13Is that an accurate statement?

2:49:15I think it probably is.

2:49:22So through the mayor to Councillor Allt.

2:49:26I think that's a really complicated question,

2:49:30because our estimates in the DC study

2:49:33in terms of, you know, the costing and the growth forecasting,

2:49:36like it really comes down to the growth forecasting

2:49:38and then the types of development too.

2:49:41And so that's why when you look at our budget,

2:49:46the budget for the cost of Bill 23 is not in alignment

2:49:51with like that 10-year estimate that we suggested

2:49:55or we were able to cost out through this DC bylaw update.

2:49:59And so I would say that there's a lot of factors in this

2:50:04when it comes to tax and rate increases,

2:50:07and especially to the timing is really important

2:50:10because the phase in is a big cost of that.

2:50:14And that's only for the first four years

2:50:15and it's kind of phased out.

2:50:16So I have a hard time answering that in the moment

2:50:19because it's a complex, there's a lot at play.

2:50:23But overall, I would say like, you know,

2:50:26based just jumping off of Mr. Tan that we have

2:50:33like the DC act itself and the changes made Bill 23

2:50:38has reduced the amount that we're able to collect

2:50:42since the last study.

2:50:44Sorry, I didn't hear the last part.

2:50:45Are able to collect from?

2:50:47Collect from DC since the last study.

2:50:49Yeah, thank you.

2:50:51All right, thank you.

2:50:53Is there any other questions at this time?

2:50:55All right, question from Councillor O'Rourke.

2:50:58Thank you, Mayor Guthrie,

2:50:59through you to our staff or to Mr. Tan.

2:51:02So Mr. Calandra has said they are gonna look at definitions

2:51:08phase in perhaps changes to Bill 23.

2:51:12So I'm wondering what is the mechanism

2:51:16in the next year, three years, five years?

2:51:21If those definitions change, what's the mechanism

2:51:23to go back and take a look at the DC bylaw again?

2:51:26Because it would potentially change that shortfall, right?

2:51:32Through the mayor, excellent question.

2:51:34So just for those that don't know

2:51:36what Councillor O'Rourke is referring to is

2:51:38province did release a statement essentially saying

2:51:42that they would be reviewing some of the items

2:51:45within Bill 23 and this came out actually

2:51:47around December 13th of last year, 2023.

2:51:50And of particular note, they would examine

2:51:53not only definitions but also the mandatory phase in

2:51:57as well as other items such as the inclusion

2:52:01or at least the eligibility of studies.

2:52:04As of right now, we have worked with staff

2:52:06and external solicitor as well in order to examine

2:52:11the structure of the bylaws as they're formulated

2:52:13tonight in front of you, where a lot of the items

2:52:16are referencing the Development Charge Act.

2:52:20So if any of these items that fall within this category

2:52:23would be changed from the provincial level,

2:52:25your bylaw is set up in a way that it is pointing

2:52:28to how the act structures these changes.

2:52:32So for the most part, some of these changes

2:52:34may not require you to have to revisit the bylaw

2:52:36because it'll be an automatic adoption

2:52:39to your current charge.

2:52:40If there's anything that'll be more specific,

2:52:42we'll have to examine it at that time.

2:52:44And you have the ability to open up your bylaw

2:52:47at any point in time.

2:52:48You don't have to wait five, 10 years.

2:52:50If you wanted to open it up in six months, one year,

2:52:53you have the ability to do so.

2:52:57Thank you.

2:52:57And then just through you, Marga, three to staff.

2:53:01Ms. Watson is right about the impact of the phase in,

2:53:07of the exemptions and the cost to the taxpayer.

2:53:10I mean, we talked about that all the way through budget.

2:53:13But for the purposes of this decision tonight,

2:53:18for the comfort of the public,

2:53:20I'm wondering if staff would comment on their comfort level

2:53:23in terms of maximizing what is permissible under the DC bylaw

2:53:29and that the decision we're making tonight

2:53:31is highly prescribed under provincial law

2:53:33and that we have undertaken the required studies.

2:53:36What we choose to do in terms of growth

2:53:38would be totally separate.

2:53:39But can you just give us your level of comfort

2:53:42with the comprehensiveness of the work

2:53:45to bring us to this evening?

2:53:49So through the mayor to the councillor O'Rourke.

2:53:53So yes, thanks for the question.

2:53:56I wanted to say that the decision before you tonight

2:54:00is really about executing or creating

2:54:03and maximizing a revenue

2:54:06that is meant to reduce tax and rate burden

2:54:11for the cost of growth.

2:54:12And what we've done as a staff team

2:54:14and with our consultants and a staff team,

2:54:16and I talk across the whole city

2:54:17in terms of comprehensiveness,

2:54:19this has been over a year and a half process.

2:54:22We've had multiple peer review meetings

2:54:25with both development and non-developer

2:54:29representatives, including some members of our council.

2:54:35And we've done the most comprehensive review that we can.

2:54:40We've added new services where we can

2:54:43to increase the collections.

2:54:45We've protected and we've revamped,

2:54:47and I would say we're one of the first in the province

2:54:50with the new bylaw structure to protect

2:54:53with changes in the future in terms of the act

2:54:56and the phase in and the changes in the services.

2:55:00And so we're pretty proud of all of that work.

2:55:03And it's highly prescriptive,

2:55:05very highly prescriptive by the provincial legislation.

2:55:09And so we have worked within that methodology

2:55:12and those boundaries and provided council

2:55:16with the best product that we can

2:55:17that maximizes those revenue streams as much as possible.

2:55:23Great, thank you.

2:55:24With that, I'll look to call the vote then.

2:55:27Anything further?

2:55:29Seeing none.

2:55:30Oh, sorry, Councillor Gibson.

2:55:31Did you have a question or comment?

2:55:33Yeah, thank you, through you, Mr. Mayor.

2:55:35So my questions were largely answered.

2:55:37Thank you, Councillor Ruck for asking those questions

2:55:39about reopening bylaw in the future if things change.

2:55:43I guess from a strict sort of procedural perspective,

2:55:47that would be a simple vote of council to reopen the bylaw

2:55:50or would there be a requirement to do a reconsideration

2:55:53of the bylaw?

2:55:55Again, just so I know process-wise moving forward.

2:55:57Or could staff simply take it on

2:55:58and reopen the bylaw themselves?

2:56:04So through the mayor, after the certain,

2:56:07I believe it's one year,

2:56:08we may have to get back to you fully just to clarify this,

2:56:11but it would likely not be a reconsideration.

2:56:14It would be based on new information at the time

2:56:16that we would look to update the bylaw.

2:56:20And so staff would advise you of when we believe

2:56:25that would be the right call

2:56:26or at any time council could speak to us

2:56:29and we could provide you with that advice,

2:56:31but I don't believe it would be a reconsideration.

2:56:34Okay, thanks very much.

2:56:38Great, thank you so much.

2:56:40All right, I'll call the vote then.

2:56:42Is anyone against these recommendations

2:56:45for the updated DC bylaw?

2:56:48And that's unanimous, so thank you very much.

2:56:52And now we're just going to the bylaws that we have,

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