Minutes of Guelph City Council

Tuesday, May 28, 2024 at 5:00 P.m. - 10:00 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:

• S. Stewart, 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
• S. O'Brien, Acting General Manager, Human Resources
• D. McMahon, Acting General Manager, City Clerk's Office/City Clerk
• J. Slater, Manager, Information, Privacy and Elections/Deputy City Clerk
• G. Meades, Acting Manager, Legislative Services/Deputy Clerk
• C. Murray-Sprague, Council and Committee Coordinator
• A. Sandor, Council and Committee Coordinator
• S. Osborn, Administrative Coordinator, City Clerk’s Office

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1.

Call to Order

Mayor Guthrie called the meeting to order (5:03 p.m.) 

2.

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 the Municipal Act Section 239(2)(b)(d) and (k) of the Municipal Act, personal matters about an identifiable individual, including municipal or local board employees; labour relations or employee negotiations; a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

  Voting in Favour: (11)

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

  Carried (11 to 0)

  The following items were considered:

  
  

2.1

Call to Order (closed meeting)

2.2

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

2.3

Confirmation of Minutes for the closed Council meetings 

2.4

May 2024 Public Appointments to Advisory Committees of Council, 2024-233

2.5

Service Rationalization Review - Centralization of Back-Office Support Functions - 2024-277

3.

Open Meeting – 6:00 p.m.

Council recessed (5:22 p.m.)
Mayor Guthrie called the meeting to order (6:00 p.m.)

4.

Closed Meeting Summary

Mayor Guthrie spoke regarding the matters discussed in closed session and identified the following:

• Councillor Klassen did not participate in debate or discussion.

  May 2024 Public Appointments to Advisory Committees of Council, 2024-233
  Moved By Councillor Allt
  Seconded By Councillor Goller
  1. That Kelly Caldwell and Alexandre Krucker be appointed to Heritage Guelph for a term ending in May 2025 or until such time as a successor is appointed

  Voting in Favour: (11)	Mayor Guthrie, Councillor Gibson, Councillor Goller, Councillor Allt, Councillor Downer, Councillor O'Rourke, Councillor Billings, Councillor Caron, Councillor Caton, Councillor Busuttil, and Councillor Chew
  Conflict (1)	Councillor Klassen

  Carried (11 to 0)
• Moved By Councillor Allt
  Seconded By Councillor Goller

  2. That Samantha Halloran and Robert Forrest Smith be appointed to the Waste Resource Innovation Centre Public Liaison Committee for a term ending in May 2025 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 Klassen, Councillor Busuttil, and Councillor Chew

  Carried (12 to 0)
• Service Rationalization Review - Centralization of Back-Office Support Functions - 2024-277
  Moved By Councillor Allt
  Seconded By Councillor Goller
  1. That up to $150,000 from the Tax Rate Contingency Reserve be allocated to fund the centralization of back-office support functions project as outlined in the Service Rationalization Review – Centralization of Back-Office Support Functions closed report, dated May 28, 2024. Savings achieved through the implementation of a centralized back-office service model would be applied to the Tax Rate Contingency Reserve first to repay initial investments. Following repayment, savings would be applied prospectively to the Operating Budget

  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 Busuttil, and Councillor Chew

  Carried (12 to 0)

5.

Confirmation of Open Minutes

• Moved By Councillor O'Rourke
  Seconded By Councillor Busuttil
  1. That the minutes of the open Council Meetings held April 9 and 16, 2024, be confirmed as recorded and without being read.

  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 Busuttil, and Councillor Chew

  Carried (12 to 0)

6.

Committee of the Whole Consent Report

• Moved By Councillor O'Rourke
  Seconded By Councillor Billings

  That the May 28, 2024 Committee of the Whole Consent Report identified below be adopted.

6.1

Ontario Health – Multi-Sector Service Accountability Agreement, Declaration of Compliance, 2024-214

• 1. That the Mayor be authorized to sign the Declaration of Compliance for the Ontario Health Multi-Sector Service Accountability Agreement for the period of April 1, 2023 to March 31, 2024.

6.2

Court Services: Transfer of Part III and Part IX Prosecutions under the Provincial Offences Act to the City of Guelph and implementation of Administrative Penalty System for Parking , 2024-100

• 1. That the Staff Report entitled “Court Services: Transfer of Part III and Part IX Prosecutions under the Provincial Offences Act to the City of Guelph and implementation of Administrative Penalty System for Parking Infractions”, dated May 15, 2024, be received.
  2. That Council authorize the Mayor and City Clerk, or their respective delegates, to execute the Interim Transfer Agreement with His Majesty The King In Right Of Ontario As Represented By The Attorney General, a side agreement with the Crown Attorney for Wellington County regarding prosecutorial intervention, and any other documents as may be necessary or desirable from time to time related to the transfer of prosecutions commenced under Parts III and IX of the Provincial Offences Act from the Ministry of the Attorney General to the City of Guelph, each in a form satisfactory to the City Solicitor.
  3. That City staff be directed to proceed with the implementation of an Administrative Penalty System for parking infractions and directed to bring forward the necessary by-laws and policies required to implement and administer the Administrative Penalty System for Council’s consideration.
  4. That Council authorize the Deputy Chief Administrative Officer of Public Services and Deputy Chief Administrative Officer of Corporate Services, or their respective delegates, to execute agreements with His Majesty the King in Right of Ontario As Represented by the Minister of Transport as may be necessary to implement the APS, each in a form satisfactory to the City Solicitor.

6.3

2023 Year-end Capital Budget Monitoring Report - 2024-216

• 1. That the adjustments detailed on Attachment-3 of the 2023 Year-end Capital Budget Monitoring Report dated May 14, 2023, be approved.
  2. That Council approve the early ordering of seven replacement ambulances, three budgeted in 2025 and four budgeted in 2026 in PM0010 in the 2024-2027 multi-year budget that was adopted on November 29, 2023, for a total commitment of $1,768,600 over the two years.

6.4

2023 Long-term Financial Statement: Reserves and Debt, 2024-219

• 1. That a Tree Compensation reserve fund (365) be opened to fund tree planting activities from fees collected under the Tree By-law (2010)-19058 or successor by-laws.
  2. That a Property Assessed Clean Energy Funding reserve fund (305) be established to record and track grant funding received from the Federation of Canadian Municipalities and the disbursement of funds.
  3. That the Property Assessed Clean Energy reserve fund (362) be renamed PACE Loan Loss Provision reserve fund and that the purpose and terms are updated as outlined in this report.
  4. That $500 thousand be transferred from the Stormwater Contingency reserve (359) to the Stormwater Capital reserve fund (165) in 2024.

6.5

2023 Year-end Operating Budget Monitoring Report and Surplus Allocation and Deficit Funding - 2024-215

• 1. That the 2023 tax supported operating surplus of $3,863,029 be allocated to or funded from the City’s reserve and reserve funds as follows:
     1. Transfer $294,319 from the Library Operating Contingency Reserve (102) in accordance with the request from the Library Board.
     2. Transfer $36,748 to the Police Operating Contingency Reserve (115) in accordance with the request from the Guelph Police Board.
     3. Transfer $417,211 to the Environment and Utility Reserve (198) for revenue surplus from the sale of recycled goods.
     4. Transfer $3,703,389 to the Tax Rate Operating Contingency Reserve (180).
  2. That the 2023 non-tax supported operating surplus of $3,414,200 be allocated to or funded from the non-tax supported City reserve and reserve funds as follows:
     1. Transfer the Water Services surplus of $2,588,627 to the Water Capital Reserve Fund (152).
     2. Transfer the Wastewater Services surplus of $1,146,371 to the Wastewater Capital Reserve Fund (153).
     3. Transfer the Stormwater Services surplus of $547,567 to the Stormwater Capital Reserve Fund (165).
     4. Transfer the Building Services surplus of $953,564 to the Building Services OBC Stabilization Reserve Fund (188).
     5. Transfer $1,524,904 from the Parking Capital Reserve Fund (151) to fund the parking deficit.
     6. Transfer $297,026 from the Courts Operating Contingency Reserve Fund (211) to fund the Courts deficit

6.5.1

Guelph Police Service Operating Budget Surplus

6.6

Mayoral Direction B4 – Temporary Structured Encampment, 2024-232

• 1. That the report titled Mayoral Direction B4 -Temporary Structured Encampment dated May 15, 2024, be received.
  2. That staff be directed to forward a copy of this report to the Joint Social Services and Land Ambulance Committee for information.
  3. That City staff identify any potential suitable municipally owned sites including site servicing requirements, zoning requirements and other necessary approval processes, as well as identify potential cost implications to the City for site preparation;
  4. That City Council request that County of Wellington’s Housing Services staff work with City staff to evaluate and determine the viability and suitability of the of the Guelph Tiny Homes Coalition’s proposal and gauge the County’s potential involvement in the project; and that staff report back to City Council no later than July 2024, or sooner.
  5. That Guelph City Council respectfully requests that if the County of Wellington Housing Services staff determines that the Tiny Homes Coalition proposal is not viable, that the County provide an alternative accessible solution be presented to address people living in encampments in Guelph, including a winter plan to support people experiencing homelessness, and that County staff report back to the Joint Social Services and Land Ambulance Committee in appropriate timing to accommodate people for winter 2024-25.

  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 Busuttil, and Councillor Chew

  Carried (12 to 0)

7.

2024-2026 Council Appointment to the Downtown Guelph Business Association Board of Directors, 2024-235

• Moved By Councillor Allt
  Seconded By Councillor Goller
  1. That Councillor Klassen be appointed to the Downtown Guelph Business Association Board of Directors for a term ending November 15, 2026.

  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 Busuttil, and Councillor Chew

  Carried (12 to 0)

8.

Items for Discussion

8.1

2026 Municipal Election Alternative Voting Methods and Accessible Voting Service Enhancements, 2024-201, 2024-263

The following delegates spoke:
James Brunet
Cameron Shelley
Anne Gajerski-Cauley
Mike O'dah Ziibing Ashkewe
Susan Watson
Jennifer Cameron
Meg Harding
Pia Muchal
Ron East
Lin Grist
Richard Anstett
Stan Kozak
Colin Perkins
Matt Saunders
Morgan Dandie
Ian Flett
Adam Donaldson
Councillor Allt declared a point of personal privilege stating the delegate was being offensive toward Council. Mayor Guthrie ruled in favour and requested that the delegate rephrase their comments.  
Scott Frederick
David Suffling
Lorelei Root
Council recessed (9:07 p.m.)
Council reconvened (9:21 p.m.)

• Moved By Councillor Goller
  Seconded By Councillor Caton
  1. That Council approve free Guelph Transit service and free parking at Market Parkade on Election Day to support access and remove barriers to voting for the 2026 municipal and school board election.
  2. That Council approve the use of vote tabulators in the 2026 municipal and school board election.
  3. That Council approve the use of Vote by Mail and Vote from Home as the alternative voting method for the 2026 municipal and school board elections.
  4. That Guelph City Council directs the City Clerk’s Office to offer internet voting as an alternative voting method for the 2026 municipal and school board election subject to all security requirements and testing meeting the satisfaction of the City Clerk

  The clauses were requested to be voted on separately. 

  
  
• Moved By Councillor Goller
  Seconded By Councillor Caton
  1. That Council approve free Guelph Transit service and free parking at Market Parkade on Election Day to support access and remove barriers to voting for the 2026 municipal and school board election.

  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 Caton

  2. That Council approve the use of vote tabulators in the 2026 municipal and school board election.

  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 Caton

   

  3. That Guelph City Council directs the City Clerk’s Office to offer internet voting as an alternative voting method for the 2026 municipal and school board election subject to all security requirements and testing meeting the satisfaction of the City Clerk

   

   

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

  Carried (9 to 4)
• Moved By Councillor Goller
  Seconded By Councillor Caton

  4.That Council approve the use of Vote by Mail and Vote from Home as the alternative voting method for the 2026 municipal and school board elections.

  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 Richardson
  Seconded By Councillor Allt

  That By-laws (2024 ) - 20947 and (2024) - 20948 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)

10.

Mayor’s Announcements

Councillor Downer stated that there is a Ward 5 town hall at Priory Park Public School on June 5th at 10 a.m. 
Councillor Chew stated that there is a Ward 6 town hall at City Hall on June 17th at 6:30 p.m. 

11.

Adjournment

• Moved By Councillor Billings
  Seconded By Councillor Gibson

  Meeting be adjourned (10:09 p.m.)

  Carried