Minutes of Guelph City Council

Tuesday, October 29, 2024 at 3:30 P.m. - 10:30 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
• D. Godfrey, General Manager, Operations
• B. Arnold, General Manager, Fire Services/Fire Chief
• D. Gronc, Manager, Corporate and Community Safety
• J. Parr, Service Performance Development Analyst
• 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

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2.

Call to Order

Mayor Guthrie called the meeting to order (3:30 p.m.).

2.1

Disclosure of Pecuniary Interest or General Nature Thereof

Councillor Caron declared a conflict with item 3.7, as this property is leased by her employer. 

3.

Authority to move into closed meeting

• Moved By Councillor Allt
  Seconded By Councillor Caron
  1. That the Council of the City of Guelph now hold a meeting that is closed to the public, pursuant to the Municipal Act, pursuant to the Municipal Act, Section 239(2)(b)(c)(d)(e) and (f) of the Municipal Act, regarding personal matters about an identifiable individual, including municipal or local board employees; proposed or pending acquisition or disposition of land by the municipality or local board; labour relations or employee negotiations; litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
     
     

  Voting in Favour: (10)

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

  Carried (10 to 0)

  The following items were considered:

  
  

3.2

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

3.3

Confirmation of Closed Minutes

3.4

October 2024 Public Appointments – The Elliott Community Board of Trustees

3.5

Bill 185 Interpretation, 2024-435

3.6

1242-1270 Gordon Street and 9 Valley Road - Ontario Land Tribunal Update - 2024-477

3.7

785 Gordon Street - Ontario Land Tribunal Update - 2024-474

3.8

Expression of Interest - 170 Stephanie Drive - 2024-479

3.9

Amalgamated Transit Union (ATU) Bargaining Update , 2024-463

3.10

Public Space Use By-law Update

4.

Closed Meeting Summary

Mayor Guthrie called the open meeting to order (6:20 p.m.).
Mayor Guthrie noted the following:

• October 2024 Public Appointments – The Elliott Community Board of Trustees
  Moved By Councillor Downer
  Seconded By Councillor O'Rourke
  1. That Thomas Hunter be appointed to The Elliott Community Board of Trustees for a 3-year term ending October 29, 2027, or until such time as a successor is appointed

  Voting in Favour: (12)

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

  Carried (12 to 0)

   Bill 185 Interpretation, 2024-435
  Council received information; no staff direction was given.
  1242-1270 Gordon Street and 9 Valley Road - Ontario Land Tribunal Update - 2024-477
  Council received information; staff direction was given.
  785 Gordon Street - Ontario Land Tribunal Update - 2024-474
  Council received information; staff direction was given.
  Expression of Interest - 170 Stephanie Drive - 2024-479
  Council received information; staff direction was given.
  Amalgamated Transit Union (ATU) Bargaining Update , 2024-463
  Council received information; no staff direction was given.
  Public Space Use By-law Update
  Council received information; no staff direction was given.
  

  
  

5.

Open Meeting - 6:00 p.m.

5.4

Disclosure of Pecuniary Interest and General Nature Thereof

There were no disclosures. 

6.

Confirmation of Open Minutes

• Moved By Councillor Busuttil
  Seconded By Councillor Billings
  1. That the minutes of the open Council Meetings held September 10 and 24, 2024, and the Committee of the Whole Meetings held September 4 and 17, 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)

7.

Committee of the Whole Consent Report

• Moved By Councillor Busuttil
  Seconded By Councillor Allt
  1. That the October 29, 2024 Committee of the Whole Consent Report and Council Consent Agenda identified below be adopted.

7.1

Residential Security Cameras By-law Review, 2024-392

• 1. That staff be directed to create optional guidelines for proper use of residential security cameras.

8.

Council Consent Agenda

8.1

Grant Opportunity – Endorsement Request for the Connecting Links Fund Applications , 2024-473

• 1. That Council endorse the City of Guelph’s grant application to the Connecting Links Program for Intake 10 – Repair and Rebuild, offered through the Ministry of Transportation, for the York Road Phase 4 Stage 1 project as outlined in the Grant Opportunity - Endorsement Request for the Connecting Links Funding Applications report dated October 29, 2024.

  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

Fireworks By-law Review, 2024-355

The following delegates spoke:
Mo Markham
Erica Hogan
Harmin Gill
Alex Ciccone
Warinder Singh
Priyam Vyas
Paresh Soni
Sarah Rosenberg
Tom Jacobs
David Calder
Lisa Veit
Victron Chapnik
Aleem Kanji

The following delegates did not speak:
Will Barrett
Gurdeep Rattan
Bhavikkumar Joshi
Amanda Tanner
Jordan Rietkerk
Stephen Brigden
Michael Rouse
Jon Luff 
Mark Matthews

• Moved By Councillor Allt
  Seconded By Councillor Busuttil
  1. That staff be directed to create a new permit-based fireworks by-law to replace and repeal Fireworks By-law (1993)-14362.
• Amendment
  Moved By Councillor Gibson
  Seconded By Councillor Caron

  2.That council directs staff to exclude "Novelty Devices" (I.e. sparklers and party poppers), as defined by the Explosives Act (Type F) from requiring a permit for their purchase or discharge.  

  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)
• Main Motion as Amended
  Moved By Councillor Gibson
  Seconded By Councillor Busuttil
  1. That staff be directed to create a new permit-based fireworks by-law to replace and repeal Fireworks By-law (1993)-14362.
  2. That council directs staff to exclude "Novelty Devices" (I.e. sparklers and party poppers), as defined by the Explosives Act (Type F) from requiring a permit for their purchase or discharge. 

  Voting in Favour: (6)	Councillor Goller, Councillor Allt, Councillor Downer, Councillor Caron, Councillor Caton, and Councillor Busuttil
  Voting Against: (7)	Mayor Guthrie, Councillor Gibson, Councillor O'Rourke, Councillor Billings, Councillor Klassen, Councillor Richardson, and Councillor Chew

  Defeated (6 to 7)
• Moved By Councillor O'Rourke
  Seconded By Councillor Gibson
  1. That the permitted hours for fireworks be changed from “between 9 a.m. and 11:59 p.m.” to “between 9 a.m. and 11:00PM”
  2. That point-of-sale employees be required to provide information on fireworks safety and Guelph rules and guidelines to purchasers of fireworks.
  3. That minimum safe distances from residences and all vulnerable occupancies (schools, nursing, and care facilities) be added to the current bylaw

  The clauses were requested to be voted on separately. 

  
  
• Moved By Councillor O'Rourke
  Seconded By Councillor Gibson
  1. That the permitted hours for fireworks be changed from “between 9 a.m. and 11:59 p.m.” to “between 9 a.m. and 11:00PM”

   

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

  Carried (10 to 3)
• Moved By Councillor O'Rourke
  Seconded By Councillor Gibson

   

  2.That point-of-sale employees be required to provide information on fireworks safety and Guelph rules and guidelines to purchasers of fireworks.

   

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

  Carried (10 to 3)
• Moved By Councillor O'Rourke
  Seconded By Councillor Gibson

  3.That minimum safe distances from residences and all vulnerable occupancies (schools, nursing, and care facilities) be added to the current bylaw

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

  Carried (10 to 3)
• Additional Motion
  Moved By Councillor Chew
  Seconded By Councillor Richardson
  1. That staff be directed to seek approval from the Regional Senior Justice for new set fines related to the fireworks bylaw, and that the set fines submitted for approval are greater than the administration fees and take into consideration the impact the violation may have on the public.

  Motion was withdrawn by mover and seconder

  
  
• Additional Motion
  Moved By Councillor Chew
  Seconded By Councillor Richardson
  1. That staff be directed to seek approval from the Regional Senior Justice for new set fines related to the fireworks bylaw and take into consideration the impact the violation may have on the public.

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

  Carried (11 to 2)
• Additional Motion
  Moved By Councillor Chew
  Seconded By Councillor Richardson
  1. That staff be directed to amend or replace the Fireworks By-law (1993)-14362 to increase the number of allowed days that fireworks may be sold and discharged and to include other culturally significant days (e.g. Lunar New Year and New Years Eve) and improve safety.

  Motion was withdrawn by the mover and seconder

  
  
• Additional Motion
  Moved By Councillor Chew
  Seconded By Councillor Richardson
  1. That staff be directed to amend or replace the Fireworks By-law (1993)-14362 to increase the number of allowed days that fireworks to include Lunar New Year and New Years Eve.

  Motion was withdrawn by the mover and seconder

  
  
• Additional Motion
  Moved By Councillor Downer
  Seconded By Councillor Allt

  1. To remove the day before Victoria Day and Canada Day from the current Fireworks Bylaw.

  Voting in Favour: (8)	Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Caron, Councillor Caton, Councillor Klassen, and Councillor Busuttil
  Voting Against: (5)	Mayor Guthrie, Councillor Gibson, Councillor Billings, Councillor Richardson, and Councillor Chew

  Carried (8 to 5)
• Additional Motion
  Moved By Councillor Richardson
  Seconded By Councillor Gibson
  1. The sale of fireworks is restricted to seven days prior to Victoria Day, Canada Day and Diwali

  Voting in Favour: (12)	Mayor Guthrie, Councillor Gibson, 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 Goller

  Carried (12 to 1)

9.2

2024-2026 Council Appointments - 2024-430

• Moved By Councillor Richardson
  Seconded By Councillor Busuttil

  Audit

  1.That Councillor Goller be appointed as the Committee of the Whole Audit Services chair for a term ending November 15, 2026, effective November 16, 2024.

  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 Caton
  Seconded By Councillor Downer

  Corporate Services​

  2. That Councillor Caron be appointed as the Committee of the Whole Corporate Services chair for a term ending November 15, 2026, effective November 16, 2024.

  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 Goller
  Seconded By Councillor Billings

  Infrastructure, Development and Environment​

  3. That Councillor O’Rourke be appointed as the Committee of the Whole Infrastructure, Development and Environment chair for a term ending November 15, 2026, effective November 16, 2024.

  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 Busuttil
  Seconded By Councillor Allt

  Public Services​

  4. That Councillor Downer be appointed as the Committee of the Whole Public Services chair for a term ending November 15, 2026, effective November 16, 2024.

  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

  Committee of Management for The Elliott​

  5. That Councillor Downer be appointed as the Committee of Management for The Elliott chair for a term ending November 15, 2026, effective November 16, 2024.

  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 Chew
  Seconded By Councillor O'Rourke

  Audit​

  6. That Councillor Richardson be appointed as the Committee of the Whole Audit Services vice-chair for a term ending November 15, 2026, effective November 16, 2024.

  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 Busuttil
  Seconded By Councillor Klassen

  Corporate Services​

  7. That Councillor Caton be appointed as the Committee of the Whole Corporate Services vice-chair for a term ending November 15, 2026, effective November 16, 2024.

  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 Goller
  Seconded By Councillor Gibson

  Infrastructure, Development and Environment​

  8. That Councillor Klassen be appointed as the Committee of the Whole Infrastructure, Development and Environment vice-chair for a term ending November 15, 2026, effective November 16, 2024.

  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 Busuttil
  Seconded By Councillor Caton

  Public Services​

  9. That Councillor Allt be appointed as the Committee of the Whole Public Services vice-chair for a term ending November 15, 2026, effective November 16, 2024.

  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 Goller

  Governance and Office of the Chief Administrative Officer

  10. That Councillor Busuttil be appointed as the Committee of the Whole Governance and Office of the Chief Administrative Officer vice-chair for a term ending November 15, 2026, effective November 16, 2024.

  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 Richardson
  Seconded By Councillor O'Rourke

  Committee of Management for The Elliott​

  11. That Councillor Caton be appointed as the Committee of Management for The Elliott vice-chair for a term ending November 15, 2026, effective November 16, 2024.

  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)

10.

By-laws

• Moved By Councillor Caron
  Seconded By Councillor Downer
  1. That by-laws (2024)-20994, (2024)-21001, (2024)-21004 and (2024)-21006 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.

Mayor’s Announcements

Budget town hall meetings are coming up. They are open to residents of all wards:
November 4th at the Salvation Army Citadel, 1320 Gordon Street, from 6:30-8:00 pm. 
November 5th, from 6:30-8:00 pm, there will be a virtual Town hall. 
November 6th at the West End Community Centre, 21 Imperial Road, in the Lions Liar room, 6:30-8:00 pm.
November 8th at the Victoria Road Recreation Center, 151 Victoria Road, in the Birch Room from 6:30-8:00 p.m. 
You can also email the mayor at [email protected]. 

12.

Adjournment

• Moved By Councillor Goller
  Seconded By Councillor Gibson
  1. That the meeting be adjourned (9:18 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)