Regional Council Minutes

Wednesday, June 3, 2020

The following are the minutes of the Regular Council meeting held electronically at 7:06 p.m., with the Chair presiding at 150 Frederick Street, Kitchener, , with the following members present: Chair K. Redman, L. Armstrong, E. Clarke, J. Erb, S. Foxton, T. Galloway, M. Harris, D. Jaworsky, H. Jowett, K. Kiefer, G. Lorentz, K. McGarry*, J. Nowak, S. Shantz, S. Strickland, B. Vrbanovic

Regional Clerk Kris Fletcher conducted roll call and all members were present, except for K. McGarry who joined the meeting later.

The meeting was opened with a moment of silence.

Declarations of Pecuniary Interest Under The Municipal Conflict of Interest Act

None declared. Delegations

Chuck Howitt, Ink Stained Wretches, appeared before Council regarding a resolution for Supporting Local Journalism. He provided a brief introduction of the group that was created to assist local media and the hope that the matter will spread across . He requested support of the proposed resolution.

Councillors were supportive of the resolution and directed it be sent to the local M.P.s and M.P.P.s and the Federation of Canadian Municipalities and Association of Municipalities of Ontario. C. Howitt was encouraged to take the resolution to the local Councils as well.

*K. McGarry entered the meeting at 7:20 p.m.

Moved by D. Jaworsky Seconded by J. Erb Whereas a healthy, professional news media is essential for the proper functioning of civil society and democracy at the local, regional, federal and international levels;

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Whereas the Public Policy Forum declares — on its website for the 2017 report The Shattered Mirror: News, Democracy and Trust in the Digital Age (commissioned by the federal government) — that “real news is in crisis” in this country;

Whereas the U.S. Federal Communications Commission (FCC) cited eight “critical information needs” the media help to provide including emergencies; other public risks to health; education; the environment; economic opportunities; civic and political knowledge of policy initiatives; and the conduct of public officials, and candidates for office (The Shattered Mirror p.4);

Whereas Canadians have lost the essential services provided by nearly 500 journalists due to layoffs in the Canadian media just from the time the COVID-19 pandemic began to mid-April — a time it became clearer to the public how important it is for Canadians to receive accurate information — and advertising revenues have plunged, prompting an emergency $30-million advertising-buy by the federal government;

Whereas residents of 190 Canadian communities — including residents of Kitchener, Elmira and — lost 250 established news outlets due to closings or mergers between 2008 and 2018;

Whereas nearly two out of every three Canadians support or somewhat support sending financial aid to struggling news providers, according to a Nanos Research poll of April 2020;

Whereas the federal government allocated nearly $600 million in aid for Canadian media over five years in its 2019 budget, including a 25-per-cent tax credit for newsroom salaries; a 15-percent tax credit for digital media subscribers; and charitable tax status for non-profit news outlets;

Whereas Canada’s federal government acknowledged in its 2019 budget (p. 173) that “A strong and independent news media is crucial to a well-functioning democracy.”;

Whereas the news media in Waterloo Region have been instrumental during the COVID-19 pandemic, ensuring local citizens have accurate local information;

Therefore Be It Resolved that Regional Municipality of Waterloo Council recognizes that a healthy, professional news media is essential to the proper functioning of democracy in the region; urges other municipal councils within the region and across Canada to recognize that a robust news media is essential to the proper functioning of democracy in their jurisdictions; endorses legislation and regulations to support and rejuvenate news outlets across Canada; and urges the federal government to move quickly to pass legislation to ensure an ecosystem for a healthy news media to serve all Canadians;

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And that the resolution be forwarded to the area municipalities, local M.P.s and M.P.P.s and the Federation of Canadian Municipalities and Association of Municipalities of Ontario.

Carried

Minutes of Previous Meetings Moved by B. Vrbanovic

Seconded by S. Strickland

a) Closed Special Council – May 6, 2020 b) Closed Special Council – May 8, 2020 c) Closed Council – May 13, 2020 d) Council – May 13, 2020 e) Closed Committee of the Whole – May 26, 2020 f) Committee of the Whole – May 26, 2020 g) Special Council Meeting – June 1, 2020

Carried

Communications

a) Council Information Package – Friday, May 29, 2020 was received for information.

b) Letter to Council from Kyle McLeod regarding Grand River Transit Electric Buses was received for information.

c) Letter to Council from BYD regarding Electric Bus Strategy and Pilot Project was received for information. D. Jaworsky stated he will be bringing an addendum to the motion under Committee of the Whole related to this matter.

Motion to Go Into Committee Of The Whole To Consider Reports

Moved by S. Shantz

Seconded by J. Nowak

That Council go into Committee of the Whole to consider reports.

Carried 3312966 Council Minutes - 4 - 20/06/03

Finance Reports

a) COR-ADM-20-02, Request for Loan Guarantee from Southwestern Integrated Fibre Technology Incorporated (SWIFT)

Moved by K. McGarry

Seconded by G. Lorentz

That the Regional Municipality of Waterloo provide to Southwestern Integrated Fibre Technology Incorporated’s (SWIFT) lender the Region’s guarantee for the Region’s proportionate share of a short term credit facility in the approximate amount of $2,179,000 to provide bridge financing to be used by SWIFT to finance Phase 3 projects identified in the SWIFT Pilot Project Contribution Agreement with the Federal/Provincial Governments, and

That the Commissioner of Corporate Services/Chief Financial Officer and the Regional Solicitor be authorized to sign any and all documentation necessary for this guarantee to become effective, as set out in report COR-ADM-20-02 dated June 3, 2020.

Carried

b) COR-TRY-20-56, P2020-08 Driver Protection System

Moved by K. McGarry

Seconded by G. Lorentz

That the Regional Municipality of Waterloo accept the proposal of The Aftermarket Parts Company LLC for P2020-08 Driver Protection System for a three (3) year term commencing June 4, 2020 at an estimated cost of $2,095,190 (2020 estimated cost of $844,930) plus all applicable taxes as set out in report COR-TRY-20-56 dated June 3, 2020;

And that the Regional Municipality of Waterloo amend the 2020-2029 Grand River Transit Capital Program as set out in Table 1.

Carried

c) COR-TRY-20-57, Federation of Canadian Municipalities Debenture Issue – Membrane Aerated Biofilm Upgrades at the Hespeler Wastewater Treatment Plant was received for information.

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d) COR-TRY-20-58, 2020-2029 Housing Services Capital Program Amendment

Moved by K. McGarry

Seconded by G. Lorentz

That the Regional Municipality of Waterloo amend the 2020-2029 Housing Services Capital Program to reflect the revised schedule of funding advances to MennoHomes as described in report COR-TRY-20-58 dated June 3, 2020.

Carried

Committee Reports

Committee of the Whole

The Summary of Recommendations of the Committee of the Whole was presented by T. Galloway, Chair of the Committee. D. Jaworsky requested an amendment to item #1 to reflect an additional clause regarding the electric bus implementation strategy.

Moved by D. Jaworsky Seconded by B. Vrbanovic

That item #1 be amended to include:

vi. Re-visit the electric bus implementation strategy including the timing of electric bus purchases should federal or other funding become available or should there be significant technology advances with a goal of implementing an electric Grand River Transit bus fleet as soon as feasible.

Carried

Moved by T. Galloway Seconded by K. Kiefer

That the Summary of Recommendations of the Committee of the Whole dated May 26, 2020, items 1 to 14, be adopted as follows:

1. That the Regional Municipality of Waterloo approve the electric bus strategy as set out in TES-TRS-20-12 dated May 26, 2020 and direct staff to take the following actions: i. No longer purchase buses powered exclusively by diesel engines beginning with the 2021 bus procurement. ii. Purchase six electric buses in 2022 and five electric buses in 2023; 3312966 Council Minutes - 6 - 20/06/03

iii. Draft the 2021-2030 capital program to reflect incremental bus replacement costs and equipment costs associated with the electric bus strategy; iv. Reduce the current order of 12m conventional diesel buses by four (4) and proceed with a tender to purchase four (4) 9 metre mid-size lower emission conventional transit buses; v. Review the results of the pilot electric buses in 2024 and update the zero emission vehicle strategy at that time;

2. That the Regional Municipality of Waterloo amend the Consulting Services Agreement with MTE Consultants Inc. for the Ottawa Street improvements from Fischer-Hallman Road to Alpine Road, in the City of Kitchener to add additional fees in the amount of $196,000 plus applicable taxes for a revised total upset fee of $771,664 for design services as described in report TES-DCS-20-11, dated May 26, 2020.

3. That the Regional Municipality of Waterloo enter into a Consulting Services Agreement with Associated Engineering (Ont.) Ltd. to provide engineering consulting services for a Schedule C Class Environmental Assessment (EA), design, and contract administration and construction inspection services for Trussler Road (Regional Road 70) from Bleams Road (Regional Road 56) to Yellow Birch Drive at an upset fee limit of $1,175,100 plus applicable taxes for both the EA and preliminary design and detailed design and tendering phases, with contract administration and construction inspection services to be paid on a time basis, as described in report TES-DCS-20-12, dated May 26, 2020.

4. That The Regional Municipality of Waterloo direct and authorize the Regional Solicitor to take the following actions with respect to the expropriation of lands for improvements on Dundas Street from Hespeler Road to Franklin Boulevard, in the City of Cambridge, in the Regional Municipality of Waterloo as detailed in report PDL-LEG-20-20 dated May 26, 2020:

a) Complete application(s) to the Council of The Regional Municipality of Waterloo, as may be required from time to time, for approval to expropriate land, which is required for improvements on Dundas Street from Hespeler Road to Franklin Boulevard, in the City of Cambridge and described as follows:

Fee Simple Partial Taking:

i. Part of Lots 1 and 2, Registered Plan 612, being Part 1 on 58R- 20725 (Part of PIN 03814-0414 (LT)) (7 Grantham Avenue, City of Cambridge);

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ii. Part of Lot 41, Registered Plan D-8, being Part 2 on 58R-20725 (Part of PIN 03814-0459 (LT)) (Part of Vacant Land, Corner of Dundas Street and Beverly Street, City of Cambridge);

iii. Part of Lot 31, Registered Plan D-8, being Part 3 on 58R-20725 (Part of PIN 03821-0388 (LT)) (175 Beverly Street, City of Cambridge);

iv. Part of Lot 29, Registered Plan D-8, being Part 7 on 58R-20725 (Part of PIN 03818-0044 (LT)) (308 Dundas Street North, City of Cambridge);

v. Part of Lot 16, Registered Plan D-8, being Part 1 on 58R-20840 (Part of PIN 03818-0475 (LT)) (252 Dundas Street North, City of Cambridge).

b) Serve notices of the above applications(s) required by the Expropriations Act (the “Act”);

c) Forward to the Chief Inquiry Officer any requests for a hearing that may be received within the time prescribed by the Act;

d) Attend, with appropriate Regional staff, at any hearing that may be scheduled;

e) Discontinue expropriation proceedings or any part thereof, in respect of the above described lands, or any part thereof, upon the registration on title of the required documentation to complete a transaction whereby the required interests in the lands are conveyed or if otherwise deemed appropriate in the opinion of the Commissioner of Transportation and Environmental Services and the Regional Solicitor; and

f) Do all things necessary and proper to be done and report thereon to Regional Council in due course.

5. That the Regional Municipality of Waterloo:

(i) Declare a 25 year leasehold interest in the lands comprising approximately 32,000 square feet at the Regional Municipality of Waterloo Airport as depicted in Appendix “A” to Report PDL-LEG-20-21 dated May 26, 2020 (the “Leased Lands”) surplus to the needs of the Region pursuant to the Region’s Property Disposition By-law 95-034; and

(ii) Approve an increase of the term of the current Lease of the Leased Lands with Hangar Lot 8 Inc. from twenty (20) years to twenty-five (25) years, as described in PDL-LEG-20-21/PDL-AIR-20-03 dated May 26, 2020. 3312966 Council Minutes - 8 - 20/06/03

6. That the Regional Municipality of Waterloo enter into an amending agreement with the Corporation of the City of Waterloo to further extend an existing option to purchase a share of a parking structure owned by the City of Waterloo and used by the Region of Waterloo, as outlined in report COR-FFM-20-04 dated May 26, 2020.

7. That the Regional Municipality of Waterloo take the following action with respect to the King-Victoria Transit Hub project as described in Report COR-FFM-20-05 dated May 26, 2020:

(i) Endorse the preferred design (as shown in Appendix A) to be progressed further into Design Development;

(ii) Enter into an Agreement with WZMH Architects to complete Design Development services for the project at an upset limit fee of $1.1 million plus applicable taxes; And that staff be directed to:

(iii) Pursue an increase to the original funding agreement with the Province of Ontario, additional funding from other federal and/or provincial programs and any other funding source as appropriate for incremental costs associated with the project; and (iv) Incorporate incremental costs of this project into the draft 2021-2030 capital program in accordance with the funding strategy approach outlined in this report.

8. That the Region of Waterloo’s 2020 Capital Budget be amended to include a one-time capital grant of $200,000 for SHOW to be funded from the Region’s General Tax Supported Capital Reserve as noted in report CSD-HOU-20- 09/COR-TRY-20-52 dated May 26, 2020.

9. That the Regional Municipality of Waterloo approve a $50,000 grant to the Waterloo Region Personal Protective Equipment (PPE) Co-operative as set out in report COR-TRY-20-54 dated May 26, 2020.

10. That the Regional Municipality of Waterloo amend By-law 20-12, being a By-law to Establish and Levy Rates of Taxation for Regional Purposes for the Year 2020, as set out in Appendix ‘A’ attached to Report COR-TRY-20-55 dated May 26, 2020 to allow the Regional Treasurer to provide an interest-fee extension of the required 2020 tax levy remittances owed by the area municipalities to the Region provided that:

• The area municipality implements a property tax deferral program in 2020

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and/or waives interest/penalties on property taxes outstanding as a result of the COVID-19 pandemic; • Any remittance extension is proportionate, or approximately proportionate, to the amount and timing of the property tax deferral and/or waiver of interest and penalties granted; • Any remittance extension takes into consideration Provincial funding supports and programs provided to the area municipalities; and • The extension does not exceed December 1, 2020; and

That a certified copy of the approved by-law be forwarded to the area municipalities. 11. That the Regional Municipality of Waterloo declare surplus and approve the following disposition of the fee simple interest in certain lands, being “1 foot reserves” provided in connection with Planning Act approvals, subject to completion of the surplus declaration process pursuant to the Property Disposition By-law 95-034 to the satisfaction of the Regional Solicitor as outlined in report PDL-LEG-20-24 dated May 26, 2020:

(i) Transfer to Meyers Group Inc. the lands described as Part of Lot 7, Concession 9, being a Part on a draft Reference Plan as depicted in Schedule “A” to Report PDL-LEG-20-24 to be registered on title, in the City of Cambridge, being part of PIN 03844-1228 (LT), and

(ii) Transfer to 2546912 Ontario Inc. the lands described as Part of Lot 7, Concession 9, being a Part on a draft Reference Plan as depicted in Schedule “A” to Report PDL-LEG-20-24 to be registered on title, in the City of Cambridge, being part of PIN 03844-1228 (LT). 12. That the Regional Municipality of Waterloo approve an addendum to Report No. PDL-CPL-20-06 dated March 24, 2020, as detailed in Report No. PDL-CPL-20- 14 dated May 26, 2020, and that this report be forwarded on to the Ministry of Natural Resources and Forestry as part of the Region’s response to the Province’s proposed regulatory changes under the Aggregate Resources Act, Environmental Registry of Ontario Posting No. 019-130.

13. That the provincially mandated Community Safety and Wellbeing Planning process be utilized as the framework to develop a recovery plan for the community supports needed following the impact of COVID-19. And that the membership of the Community Safety and Wellbeing Advisory Committee be expanded to include additional Regional Councillors and others as needed, as outlined in report CAO-SPL-20-02 dated May 26, 2020.

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14. That Regional Council endorse the proposed Pandemic Recover Planning Framework save and except for the portion with respect to Economic Recovery and Best Waterloo Region reporting to the Economic Development Committee, as described in report HRC-ADM-20-05, dated May 26, 2020.

And that in light of the actual experience during the pandemic, the return to regular waste collection occur 4 weeks after going into Phase 3 of the recovery plan being fully implemented by the Province of Ontario.

Carried

Regional Chair Moved by K. McGarry Seconded by D. Jaworsky That the nomination of Chair Karen Redman to the 2020 - 2022 AMO Board of Directors as President be supported and endorsed by Region of Waterloo Council.

Carried

Motion to Adopt Proceedings Of Committee of the Whole

Moved by M. Harris

Seconded by S. Foxton

That Committee of the Whole rise and Council resume.

Carried

Moved by J. Erb

Seconded by E. Clarke

That Council adopt the proceedings of Committee of the Whole

Carried

Notice of Motion a) S. Strickland introduced his revised notice of motion. He provided background information and his discussions with BestWR and the change to create an ad-hoc Post Covid-19 Economic Recovery Committee. He reviewed the rationale for his motion and the importance of considering various factors. 3312966 Council Minutes - 11 - 20/06/03

An amendment was proposed to include the following councillors on the ad-hoc committee: M. Harris, H. Jowett, G. Lorentz, S. Strickland, plus a Township representative. This was held until after the main motion is dealt with.

A question was raised how this would differ from the work being done by the Economic Development Committee. S. Strickland stated this ad-hoc committee would pull together a comprehensive package, looking at internal tools in place like tax policy, development charges, capital budget, etc. in a short time frame of approximately six months. There was discussion about the work plan and that it would come back to Council for approval.

There was discussion about BestWR and the transition work they are doing. Mike Murray, Chief Administrative Officer referenced the staff report tabled last week with respect to pandemic recovery and the proposal to use existing committees but staff are at Council’s direction. It was questioned about T. LaMantia being a member of the Committee and it was advised he will support the work of this ad hoc committee in his role with the Waterloo Region Economic Development Corporation and not be a member of the ad hoc committee.

Councilor requested clarification on the intent of the Committee. The Chair of the Economic Development Committee will act as a liaison between both committees. A suggestion was made that the Economic Development Committee could be held as Committee of the Whole so all members of Council are involved and there would not be so much extra effort required from staff. It was clarified the ad hoc committee will utilize the financial tools available through the Region.

B. Vrbanovic requested a recorded vote.

Moved by S. Strickland

Seconded by M. Harris

Whereas the COVID-19 pandemic is a public health and economic crisis; and

Whereas the loss of life due to the pandemic has been heart wrenching and of great public concern; and

Whereas we are thankfully seeing an increased slowdown in the spread of COVID19 and the Ontario government is gradually opening up our economy; and

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Whereas it is vitally important as we move into the next phase of pandemic control and economic recovery that the Region of Waterloo position ourselves to aid in the economic recovery of our community; and

Whereas the Waterloo Region Economic Development Corporation (WREDC) is an economic development entity who in cooperation with all local area municipalities has been directly involved with coordinating an economic development response throughout the pandemic; and

Whereas it is vital that elected officials have a role to play in planning and approving funding and other stimulus and relief measures and recovery activities for the betterment of our community; and

Therefore, be it resolved that the Region of Waterloo form an ad hoc "Post Covid19 Economic Recovery Committee" coordinated by the Region’s Economic Development staff and supported by WREDC, comprised of directly elected Regional Councillors, with one from each city, and one representative for the four townships, the current chair of the Economic Development Committee and the Regional Chair, reporting directly to Regional Council; and

Further, that the focus of the committee includes but be not limited to, reviewing the Region’s Post Covid19 economic strategy in partnership with cities’ and townships’ economic development leads, as well as broader aspects within regional government authority to support our community through economic recovery such as tax policy, reducing red tape, development charges, capital spending and stimulus activities in general; and

Further, that the ad hoc committee is advisory in nature and any and all recommendations will have to be approved by Regional Council.

Carried

Yeas: L. Armstrong, E. Clarke, J. Erb, S. Foxton, T. Galloway, M. Harris, D. Jaworsky, H. Jowett, K. Kiefer, G. Lorentz, K. McGarry, K. Redman, S. Shantz, S. Strickland

Nays: J. Nowak, B. Vrbanovic 3312966 Council Minutes - 13 - 20/06/03

There was discussion about the membership of the Committee. It was agreed to allow two directly elected councillors from Kitchener.

Moved by M. Harris

Seconded by H. Jowett

That the following councillors be appointed to the Ad-Hoc Post Covid-19 Economic Recovery Committee:

S. Foxton (Townships), M. Harris (Kitchener), H. Jowett (Chair of Economic Development Committee), K. Kiefer (Cambridge), G. Lorentz (Kitchener), K. Redman (Regional Chair), S. Strickland (Waterloo)

Carried

This committee will get started relatively quickly to develop a terms of reference. b) H. Jowett introduced her notice of motion. She provided background information and requested a debrief once the pandemic is over. Chair Redman stated a plan is in place to engage a consultant to hold a debrief with all members of Council once the pandemic is over. M. Murray reviewed the staff report submitted last week and that a full debrief is appropriate. Work is underway to prepare terms of reference for initiating a consultant to complete the review. Once the review is complete, the outcome can be discussed and changes can be recommended.

There was clarification about the pandemic response plan versus the emergency response plan. H. Jowett clarified her intent is that all directly elected councillors be included. There was concern with pre-determining the outcome of the review.

An amendment was proposed and agreed to as a friendly amendment so the last clause reads as follows:

Let it be resolved that following closure of this pandemic that the pandemic response plan, including its governance model be reviewed.

It was requested that the review also include the role of the Board of Health as part of the pandemic response.

Moved by H Jowett

Seconded by G. Lorentz

Whereas the Region of Waterloo in conjunction and in cooperation with the seven area municipalities is managing the communities’ response to the pandemic based on a plan from 2008 and, 3312966 Council Minutes - 14 - 20/06/03

Whereas this plan does not include a role for directly elected Regional Councillors, therefore,

Let it be resolved that following closure of this pandemic that the pandemic response plan, including its governance model, be reviewed.

Carried

Other Business

a) Covid-19 Update

M. Murray advised he had no further information to add to last week’s update.

b) Special Committee and Council Meeting – July 15, 2020

M. Murray stated there are a lot of issues underway and it would make sense to schedule a meeting in July for any matters that may arise. The start time will be confirmed.

Moved by S. Shantz

Seconded by J. Nowak

That a Special Committee and Council meeting be held on July 15, 2020 at a time to be confirmed.

Carried

Enactment of By-Laws (First, Second & Third Readings)

Moved by E. Clarke

Seconded by L. Armstrong

a) That a By-law to authorize the borrowing upon amortizing debentures in the principal amount of $1,263,000 for a capital work of The Regional Municipality of Waterloo be read a first, second and third time, finally passed and numbered 20- 024 signed by the Regional Chair and Regional Clerk and sealed with the Regional Seal.

b) That a By-law to Limit Tax Decreases For Properties in the Commercial, Industrial and Multi-Residential Classes in the 2020 Taxation Year be read a first, second and third time, finally passed and numbered 20-025 signed by the Regional Chair and Regional Clerk and sealed with the Regional Seal. 3312966 Council Minutes - 15 - 20/06/03

c) That a By-law to Confirm the Actions of Council of June 3, 2020 be read a first, second and third time, finally passed and numbered 20-026 signed by the Regional Chair and Regional Clerk and sealed with the Regional Seal.

Carried

Adjourn

Moved by S. Foxton

Seconded by J. Erb

That the meeting adjourn at 9:33 p.m.

Carried

Regional Chair, K. Redman

Regional Clerk, K. Fletcher

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