Minutes of Guelph City Council

Tuesday, November 26, 2024 at 5:30 P.m. - 6:30 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:

• T. Baker, Chief Administrative Officer
• C. Clack-Bush, Deputy Chief Administrative Officer, Public Services
• J. Holmes, Deputy Chief Administrative Officer, Infrastructure, Development and Environment
• T. Lee, Deputy Chief Administrative Officer, Corporate Services
• J. Charles, General Manager, Legal and Court Services, City Solicitor
• T. Gayman, General Manager, Engineering and Transportation Services
• K. Gibson, Manager, Technical Services
• D. McMahon, Acting General Manager, City Clerk's Office/City Clerk
• C. Murray-Sprague, Council and Committee Coordinator
• A. Sandor, Council and Committee Coordinator
• S. Osborn, Administrative Coordinator

Also Present:

• John Mascarin, Integrity Commissioner

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2.

Call to Order

Mayor Guthrie called the meeting to order (5:30 p.m.).  

2.1

Disclosure of Pecuniary Interest and General Nature Thereof

Councillor Caron declared pecuniary interest as she has a family member that is a member of CUPE 241.
Councillor Downer declared pecuniary interest as she has a family member that is a member of CUPE 973.

3.

Authority to move into closed meeting

• Moved By Councillor Allt
  Seconded By Councillor Klassen

  That the Council of the City of Guelph now hold a meeting that is closed to the public, pursuant to Section 239(2)(b)(d) of the Municipal Act, regarding personal matters about an identifiable individual, including municipal or local board employees and labour relations or employee negotiations.

  Voting in Favour: (12)

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

  Carried (12 to 0)

  The following items were considered: 

  
  

3.1

Call to Order (closed meeting)

3.2

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

3.3

Confirmation of Closed Council Minutes

3.4

November 2024 Public Appointments – The Elliott Community Board of Trustees

3.5

Bargaining Mandate Report Canadian Union of Public Employees Local 241 and 973, 2024-506

4.

Closed Meeting Summary

Mayor Guthrie called the open meeting to order (6:00 p.m.).
Mayor Guthrie spoke regarding the matters discussed in closed session and identified the following:
Bargaining Mandate Report Canadian Union of Public Employees Local 241 and 973
Council received information and provided staff direction.  
November 2024 Public Appointments – The Elliott Community Board of Trustees

• Moved By Councillor O'Rourke
  Seconded By Councillor Busuttil
  1. That Joanne Hohenadel and Lisa Woolley be appointed to The Elliott Community Board of Trustees for a 3-year term ending November 26, 2027, or until such time as a successor is appointed.

  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)

5.

Open Meeting – 6:00 p.m.

5.4

Disclosure of Pecuniary Interest and General Nature Thereof

There were no disclosures. 

6.

Recognition

6.1

Community Presentation – Nathan Skoufis

Mayor Guthrie congratulated Nathan Skoufis for winning Gold in the world championships. 

7.

Confirmation of Open Minutes

• Moved By Councillor Busuttil
  Seconded By Councillor Allt
  1. That the minutes of the open Council Meetings held October 8, 29, 30, 2024, and the Committee of the Whole Meeting held October 1, 2024, 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.

Items for Discussion

8.1

Report to Council re Code of Conduct: Gifts and Benefits - November 19 2024

John Mascarin, Integrity Commissioner, introduced Report to Council re Code of Conduct: Gifts and Benefits - November 19 2024.

• Moved By Councillor Klassen
  Seconded By Councillor Gibson
  1. That the report to Council re Code of Conduct: Gifts and Benefits dated November 19, 2024, 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)

8.2

Code of Conduct Amendment in Relation to Integrity Commissioner Report to Council re Code of Conduct Gifts and Benefits

Mayor Guthrie introduced Code of Conduct Amendment in Relation to Integrity Commissioner Report to Council re Code of Conduct Gifts and Benefits.

• Moved By Councillor Goller
  Seconded By Councillor Richardson
  1. That Section 5 of the Code of Conduct for Council and Local Boards be amended to include an exception for 'food, lodging, transportation and entertainment provided by third-party organizations for attendance at events which are targeted to a municipal government audience' and, when the total benefit exceeds $300, require reporting in the City Council and Local Boards Gift Disclosure within 30 days.
• Amendment
  Moved By Councillor O'Rourke
  Seconded By Councillor Richardson
  1. That Section 5 of the Code of Conduct for Council and Local Boards be amended to include an exception for 'food, lodging, transportation and entertainment provided by third-party organizations for attendance at events which are targeted to a municipal government audience with the prior approval of City Council when the benefit exceeds $300' and, when the total benefit exceeds $300, require reporting in the City Council and Local Boards Gift Disclosure within 30 days.
  2. That, in accordance with Section 5 of the Code of Conduct for Council and Local Boards, City Council approves an exception for food, lodging, transportation and entertainment provided by the Global Covenant of Mayors to Mayor Guthrie for attendance at events which are targeted to a municipal government audience

  Voting in Favour: (4)	Councillor O'Rourke, Councillor Caron, Councillor Caton, and Councillor Richardson
  Voting Against: (9)	Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Allt, Councillor Downer, Councillor Billings, Councillor Klassen, Councillor Busuttil, and Councillor Chew

  Defeated (4 to 9)
• Main Motion
  Moved By Councillor Goller
  Seconded By Councillor Richardson
  1. That Section 5 of the Code of Conduct for Council and Local Boards be amended to include an exception for 'food, lodging, transportation and entertainment provided by third-party organizations for attendance at events which are targeted to a municipal government audience' and, when the total benefit exceeds $300, require reporting in the City Council and Local Boards Gift Disclosure within 30 days.

  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)

8.3

Municipal Franchise Agreement with Enbridge Gas Inc. - 2024-416

The following delegates spoke: 
Indigo Moran
Murray Costello and Patrick McMahon
Henry Moran and Gyruss Valeriote
Gaby Kalapos
Gina Lammel
Evan Ferrari

• Moved By Councillor Caron
  Seconded By Councillor Klassen
  1. That the report entitled Municipal Franchise Agreement with Enbridge Gas Inc. dated November 5, 2024, be received for information.
  2. That Council request the Province of Ontario to amend section 9 of Regulation 584/06 under the Municipal Act, 2001, to permit municipalities to charge fair fees to for-profit gas utilities for their use of public property, as municipalities do in most other provinces.
  3. That Council direct staff, to the satisfaction of the DCAO of IDE, to negotiate a Franchise Agreement with the gas distribution company that:
     1. will allow the City of Guelph to charge fees for use of public property if and when Ontario Regulation 584/06 is amended to allow such charges,
     2. will ensure that the City of Guelph is not liable to pay for any gas infrastructure relocations needed due to conflicts with municipal infrastructure, and
     3. will ensure future charges for use of municipal property is not passed on to Guelph customers of the gas distribution company.
  4. That the City of Guelph supports, in principle, the Bill 219, "No Free Ride for Fossil Fuels Act, 2024" tabled November 4, 2024 by Guelph MPP Mike Schreiner.
  5. That the above referenced motions and a letter of support for Bill 219, be circulated to MPP Mike Schreiner, Premier Doug Ford, Minister of Municipal Affairs and Housing, Paul Calandra, Stephen Lecce, Minister of Energy and Electrification, the Ontario Big City Mayors (OBCM), the Association of Municipalities of Ontario, and its member municipalities.

  The motions were requested to be voted on separately. 

  
  
• Moved By Councillor Caron
  Seconded By Councillor Klassen
  1. That the report entitled Municipal Franchise Agreement with Enbridge Gas Inc. dated November 5, 2024, be received for information.
     
     

  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 Caron
  Seconded By Councillor Klassen

  
  2. That Council request the Province of Ontario to amend section 9 of Regulation 584/06 under the Municipal Act, 2001, to permit municipalities to charge fair fees to for-profit gas utilities for their use of public property, as municipalities do in most other provinces.
  
  

  Voting in Favour: (11)	Mayor Guthrie, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew
  Voting Against: (2)	Councillor Gibson, and Councillor Billings

  Carried (11 to 2)
• Moved By Councillor Caron
  Seconded By Councillor Klassen

  3. That Council direct staff, to the satisfaction of the DCAO of IDE, to negotiate a Franchise Agreement with the gas distribution company that:

  1. 1. will allow the City of Guelph to charge fees for use of public property if and when Ontario Regulation 584/06 is amended to allow such charges,
     2. will ensure that the City of Guelph is not liable to pay for any gas infrastructure relocations needed due to conflicts with municipal infrastructure, and
     3. will ensure future charges for use of municipal property is not passed on to Guelph customers of the gas distribution company.

  Voting in Favour: (10)	Mayor Guthrie, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, and Councillor Busuttil
  Voting Against: (3)	Councillor Gibson, Councillor Billings, and Councillor Chew

  Carried (10 to 3)
• Moved By Councillor Caron
  Seconded By Councillor Klassen

  4. That the City of Guelph supports, in principle, the Bill 219, "No Free Ride for Fossil Fuels Act, 2024" tabled November 4, 2024 by Guelph MPP Mike Schreiner.

  Voting in Favour: (11)	Mayor Guthrie, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Caron, Councillor Caton, Councillor Klassen, Councillor Richardson, Councillor Busuttil, and Councillor Chew
  Voting Against: (2)	Councillor Gibson, and Councillor Billings

  Carried (11 to 2)
• Moved By Councillor Caron
  Seconded By Councillor Klassen

  5. That the above referenced motions and a letter of support for Bill 219, be circulated to MPP Mike Schreiner, Premier Doug Ford, Minister of Municipal Affairs and Housing, Paul Calandra, Stephen Lecce, Minister of Energy and Electrification, the Ontario Big City Mayors (OBCM), the Association of Municipalities of Ontario, and its member municipalities.

  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.

By-laws

• Moved By Councillor Caton
  Seconded By Councillor Caron
  1. That by-laws (2024)-21005, (2024)-21012 and (2024)-21017 be approved subject to Section 284.11 (4) of the Municipal Act.

  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.

Adjournment

• Moved By Councillor Billings
  Seconded By Councillor Busuttil
  1. That the meeting be adjourned (7:51 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)