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2022–2026 Term · Monday

November 27, 2023

City Council Meeting

13 motions · 6 procedural 6 Recorded

Motions

Confirmation of Agenda

#1 CARRIED

Council confirmed the agenda for the November 27, 2023 meeting, including all printed items and any new business that was added.

WITH RESPECT to the November 27, 2023 City Council, we recommend that the agenda as printed, including any additional information and new business, be confirmed.

Moved by Albert Aiello , seconded by Kristen Oliver

Committee of the Whole Minutes – November 20, 2023 – Referral –

#4 notable

Council set a $30 million budget cap for a new Multi-use Indoor Sports Facility and directed staff to redesign the project to fit this cost limit by exploring options like reducing field size, cutting amenities, or lowering environmental standards. The city will hire Stantec Architecture to study alternatives and report back by March 24, 2024.

WITH RESPECT to Report 335-2023 (Corporate Services), we recommend that a maximum limit for the construction costs of a permanent hard sided structure, the Multi-use Indoors Sports Facility (MUISF) be set at $30 million and that administration work to revise the scope of the project to achieve this costing target through consultation with stakeholders to develop options for the Statement of Requirements

  • considerations to lower cost may include, reduction of project scope including but not limited to the size of the field, amenities included, LEED Silver Certification, COTB Design Guidelines, Net Zero Strategy
  • the price for the MUISF be based on Ontario Building Code Standards with additional pricing to meet COTB Design Guidelines and LEED Silver Certification
  • Administration recommend a project delivery and related procurement process that is best suited to ensuring a total construction cost not to exceed $30M while achieving the lowest life cycle and estimated operating costs of such a facility
  • Administration recommend a financing strategy for the project
  • we approve the use of the Negotiation Method pursuant to section 4.09 of Corporate By-law 113-2011 (Supply Management) to engage Stantec Architecture Ltd. to consult on necessary studies and potential facility options
  • Administration report back with options for the Statement of Requirements on or before March 24, 2024
  • any necessary by-laws be presented to City Council for ratification. Amendment - Referral – Multi-Use Indoor Sports Facility – Report 335/2023
Moved by Mark Bentz , seconded by Kasey Etreni
#5 CARRIED notable Recorded vote: 7-6

Council narrowly approved a list of cost-reduction options for a proposed indoor sports facility, including scaling back the project scope and amenities, but specifically excluded reducing the field size.

WITH RESPECT to the Referral – Multi-Use Indoor Sports Facility – Report 335-2023, we recommend that Paragraph 2 be replaced with the following: “AND THAT considerations to lower the cost may include, reduction of project scope, amenities included, LEED Silver Certification, COTB Design Guidelines, Net Zero Strategy but excluding field size.”

Moved by Mark Bentz , seconded by Kasey Etreni
Vote breakdown (7-6)
#6 LOST notable Recorded vote: 2-11

Council rejected a proposal to cap construction costs for a new Multi-use Indoor Sports Facility at $30 million and hire Stantec Architecture to study design options that would meet this budget target.

WITH RESPECT to Report 335-2023 (Corporate Services), we recommend that a maximum limit for the construction costs of a permanent hard sided structure, the Multi-use Indoors Sports Facility (MUISF) be set at $30 million and that administration work to revise the scope of the project to achieve this costing target through consultation with stakeholders to develop options for the Statement of Requirements

  • considerations to lower the cost may include, reduction of project scope, amenities included, LEED Silver Certification, COTB Design Guidelines, Net Zero Strategy but excluding field size. AND THAT the price for the MUISF be based on Ontario Building Code Standards with additional pricing to meet COTB Design Guidelines and LEED Silver Certification
  • Administration recommend a project delivery and related procurement process that is best suited to ensuring a total construction cost not to exceed $30M while achieving the lowest life cycle and estimated operating costs of such a facility
  • Administration recommend a financing strategy for the project
  • we approve the use of the Negotiation Method pursuant to section 4.09 of Corporate By-law 113-2011 (Supply Management) to engage Stantec Architecture Ltd. to consult on necessary studies and potential facility options
  • Administration report back with options for the Statement of Requirements on or before March 24, 2024
  • any necessary by-laws be presented to City Council for ratification.
Moved by Mark Bentz , seconded by Kasey Etreni
Vote breakdown (2-11)
#7 notable

City Council approved a financing strategy for a multi-use indoor sports facility proposed by Soccer Northwest Ontario and hired Stantec Architecture to conduct studies and preliminary design work. Administration will report back in early 2024 with study results, a project delivery plan, and public engagement findings before moving to a competitive bidding process.

WITH RESPECT to Report 335-2023 Corporate Services, we recommend that the financing strategy to support the multi-use indoor sports facility concept, as proposed by Soccer Northwest Ontario (with City of Thunder Bay Facility Design Standard), be approved as outlined in this report

  • City Council approve the use of the Negotiation Method pursuant to section 4.09 of Corporate By-law 113-2011 (Supply Management) to engage Stantec Architecture Ltd. to consult on necessary studies and preliminary design
  • Administration report back in the first quarter 2024 with the results of these studies, a recommended project delivery approach, and the results of public engagement prior to commencement of a competitive procurement process
  • any necessary by-laws be presented to City Council for ratification. Amendment - Soccer Northwest Ontario – Multi-Use Indoor Sports Facility Concept – Financing Strategy Memorandum from Councillor Trevor Giertuga dated November 27, 2023 containing a request to vote on the referral separately relative to Report 335-2023 (Corporate Services – Financing Strategy) for the Multi Use Indoor Sports Facility within the November 20, 2023 Committee of the Whole minutes was distributed separately on Monday, November 27, 2023. Revised Memorandum from Councillor Trevor Giertuga dated November 27, 2023 containing a request to vote on the referral separately relative to Report 335-2023 (Corporate Services – Financing Strategy) for the Multi Use Indoor Sports Facility within the November 20, 2023 Committee of the Whole minutes was distributed separately on desks on Monday, November 27, 2023.
Moved by Andrew Foulds , seconded by Brian Hamilton

containing a request to vote on the referral separately relative to Report

#8 notable

Council approved changes to a major facility project budget of $38 million, switching to Ontario Building Code standards and requiring a business plan review by March 25, 2024.

WITH RESPECT to the memorandum from Councillor Trevor Giertuga dated November 27, 2023 relative to the Committee of the Whole minutes from November 20, 2023 and Report 335-2023 (Corporate Services – Financing Strategy), we recommend the following amendment; Paragraph 1 – delete (with City of Thunder Bay Facility Design Standard) as outlined in this report and add (OBC Compliant); Paragraph 2 –Add “AND THAT the total project budget of $38,033,400 excluding site development/ancillary work and all other discretionary items (ball diamond, additional parking, road access, etc.) as listed in R254- 2023 be approved” Paragraph 3 – no changes Paragraph 4 – update the date of the report back to “on or before March 25, 2024” and add “a review of the operating business model (business plan)” Paragraph 5 – no changes Request to Waive Procedural Rules – Limits on Speaking

Moved by Trevor Giertuga , seconded by Greg Johnsen

be approved”

#9 CARRIED

Council granted Councillor Albert Aiello an extra 5 minutes of speaking time beyond the limits normally set in the city's procedural rules.

WITH RESPECT to Procedural By-law Section 7.03 (C) – Limits on Speaking, we recommend that Councillor Albert Aiello be granted the opportunity to speak for an additional 5 minutes.

Moved by Kristen Oliver , seconded by Trevor Giertuga
#10 CARRIED notable Recorded vote: 9-4

Council approved amendments to a major facility project budget of $38 million, switching to Ontario Building Code compliance standards and requiring a report back by March 25, 2024 that includes a review of the operating business model.

WITH RESPECT to the memorandum from Councillor Trevor Giertuga dated November 27, 2023 relative to the Committee of the Whole minutes from November 20, 2023 and Report 335-2023 (Corporate Services – Financing Strategy), we recommend the following amendment; Paragraph 1 – delete (with City of Thunder Bay Facility Design Standard) as outlined in this report and add (OBC Compliant); Paragraph 2 –Add “AND THAT the total project budget of $38,033,400 excluding site development/ancillary work and all other discretionary items (ball diamond, additional parking, road access, etc.) as listed in R254- 2023 be approved” Paragraph 3 – no changes Paragraph 4 – update the date of the report back to “on or before March 25, 2024” and add “a review of the operating business model (business plan)” Paragraph 5 – no changes

Moved by Trevor Giertuga , seconded by Greg Johnsen
Vote breakdown (9-4)
#11 headline

Council approved a $38 million budget for a multi-use indoor sports facility proposed by Soccer Northwest Ontario and hired Stantec Architecture to conduct studies and design work. Administration will report back by March 25, 2024 with recommendations on how to build and operate the facility before moving forward with contractor selection.

WITH RESPECT to Report 335-2023 Corporate Services, we recommend that the financing strategy to support the multi-use indoor sports facility concept, as proposed by Soccer Northwest Ontario (OBC Compliant) be approved

  • the total project budget of $38,033,400 excluding site development/ancillary work and all other discretionary items (ball diamond, additional parking, road access, etc.) as listed in R254-2023 be approved
  • the Negotiation Method pursuant to section 4.09 of Corporate By-law 113-2011 (Supply Management) be approved to engage Stantec Architecture Ltd. to consult on necessary studies and preliminary design
  • Administration report back on or before March 25, 2024 with the results of these studies, a recommended project delivery approach, a review of the operating business model (business plan) and the results of public engagement prior to commencement of a competitive procurement process
  • any necessary by-laws be presented to City Council for ratification. Request for Deferral - Amended - Soccer Northwest Ontario – Multi-Use Indoor Sports Facility Concept – Financing Strategy
Moved by Andrew Foulds , seconded by Brian Hamilton
#12 LOST notable Recorded vote: 5-8

Council voted on whether to delay a decision about a financing strategy for Soccer Northwest Ontario's proposed indoor sports facility until December 11, 2023. The motion failed, meaning the delay was not approved.

WITH RESPECT the amended – Soccer Northwest Ontario – Multi-Use Indoor Sports Facility Concept – Financing Strategy, we recommend that the decision be deferred to the December 11, 2023 City Council meeting for ratification.

Moved by Mark Bentz , seconded by Rajni Agarwal
Vote breakdown (5-8)
#13 CARRIED headline Recorded vote: 7-4

Council approved a $38 million budget for a multi-use indoor sports facility proposed by Soccer Northwest Ontario and hired Stantec Architecture to conduct studies and design work. Administration must report back by March 25, 2024 with findings before moving forward with a competitive bidding process.

WITH RESPECT to Report 335-2023 Corporate Services, we recommend that the financing strategy to support the multi-use indoor sports facility concept, as proposed by Soccer Northwest Ontario (OBC Compliant) be approved

  • the total project budget of $38,033,400 excluding site development/ancillary work and all other discretionary items (ball diamond, additional parking, road access, etc.) as listed in R254-2023 be approved
  • the Negotiation Method pursuant to section 4.09 of Corporate By-law 113-2011 (Supply Management) be approved to engage Stantec Architecture Ltd. to consult on necessary studies and preliminary design
  • Administration report back on or before March 25, 2024 with the results of these studies, a recommended project delivery approach, a review of the operating business model (business plan) and the results of public engagement prior to commencement of a competitive procurement process
  • any necessary by-laws be presented to City Council for ratification.
Moved by Andrew Foulds , seconded by Brian Hamilton
Vote breakdown (7-4)

Committee of the Whole Minutes – November 20, 2023 – Amendment -

#14 TIE notable Recorded vote: 6-6

Council voted to shorten the response period for an Integrity Commissioner report from 30 days to 15 days. The vote ended in a 6-6 tie, meaning the motion failed.

WITH RESPECT to the recommendation relative to Receipt of Report from Integrity Commissioner, we recommend that paragraph two be amended by replacing “period of 30 days (2 pay periods)” with “period of 15 days (1 pay period)”.

Moved by Trevor Giertuga , seconded by Mark Bentz
Vote breakdown (6-6)

Ratifying Resolution

#17 CARRIED

Council approved three separate matters for discussion and decision: a request to change By-law 113-2022, a confidential financial update, and a human resources matter. These items were each considered individually.

THAT the following ratifying resolutions be introduced, read, dealt with individually: 1. Memorandum - Request to Amend By-law 113-2022; 2. Confidential Memorandum - Financial Matter Update; 3. Report 2023CLS.043 - Human Resources Matter.

Moved by Michael Zussino , seconded by Dominic Pasqualino

Procedural

#2 CARRIED Council approved the official minutes from their November 20, 2023 meeting, confirming that the record of what was discussed and decided that day is accurate.
Moved by Shelby Ch'ng , seconded by Kasey Etreni
#3 Council is adopting the minutes from the November 20, 2023 Committee of the Whole meeting, which included discussion of a multi-use indoor sports facility. One motion from that meeting was separated out for individual voting.
Moved by Michael Zussino , seconded by Brian Hamilton
#15 CARRIED Council voted to continue its meeting past 11:00 p.m. to finish the business on that night's agenda.
Moved by Brian Hamilton , seconded by Trevor Giertuga
#16 CARRIED Council approved the official minutes from the Committee of the Whole meeting held on November 20, 2023, making them part of the official record.
Moved by Michael Zussino , seconded by Brian Hamilton
#18 CARRIED Council approved six borrowing by-laws that authorize the city to borrow money through serial debentures (long-term loans). One by-law amends a previous borrowing authorization, while the other five are new borrowing authorizations.
Moved by Greg Johnsen , seconded by Kasey Etreni
#19 CARRIED Council formally confirmed and approved all decisions made at their November 27, 2023 meeting by passing By-law 359/2023. This is a standard procedural step that makes the meeting's proceedings official.
Moved by Kristen Oliver , seconded by Trevor Giertuga