Committee of the Whole · June 06, 2023 · Item 7.3
Amended Procedural By-law, included as Attachment-1 to the 2023 Governance Review dated June 6, 2023, be approved…
Amendment under the agenda item 2023 Governance Review, 2023-141
Carried (12 to 0)
12 in favour, 0 against — unanimous
This was one of 4 motions on the same item
In the order council took them. A vote makes sense next to the ones around it.
- 1/4AmendmentAmended Procedural By-law, included as Attachment-1 to the 2023 Governance Review dated June 6, 2023, be approved. That the amended Closed Meeting Protocol…no recorded vote
- 2/4AmendmentSection 4.10 i) of the amended Procedural By-law, included as Attachment-1 to the 2023 Governance Review dated June 6, 2023…Carried (11 to 0)
- 3/4AmendmentProcedural Bylaw, included as Attachment-1 to the 2023 Governance Review dated June 6, 2023…Carried (8 to 3)
- 4/4AmendmentAmended Procedural By-law, included as Attachment-1 to the 2023 Governance Review dated June 6, 2023, be approved…you are hereCarried (12 to 0)
What was voted on
The motion in its exact words, as recorded in the minutes.
That the amended Procedural By-law, included as Attachment-1 to the 2023 Governance Review dated June 6, 2023, be approved, as amended at the Committee of the Whole meeting held on June 6, 2023. That the amended Closed Meeting Protocol, included as Attachment-2 to the 2023 Governance Review dated June 6, 2023, be approved. That the amended Chief Administrative Officer Recruitment, Selection and Performance Sub-committee Terms of Reference, included as Attachment-3 to the 2023 Governance Review dated June 6, 2023, be approved. That the amended Chief Administrative Officer Evaluation Process Terms of Reference, included as Attachment-4 to the 2023 Governance Review dated June 6, 2023, be approved. That the amended Recruitment, Appointment and Contract Administration for Municipal Officers Reporting Directly to City Council policy, included as Attachment-5 to the 2023 Governance Review dated June 6, 2023, be approved. That the amended Recruitment, Hiring and Involuntary Departures Procedures for Municipal Officers policy, included as Attachment-6 to the 2023 Governance Review dated June 6, 2023, be approved. That the City Clerk and Mayor be directed to review the current governance framework for the Strategic Advisory Group on Downtown Guelph to ensure compliance with all applicable legislation and report back to City Council as required. That the Delegation of Authority By-law be amended as outlined in Attachment-7 to the 2023 Governance Review dated June 6, 2023
Moved by Councillor Busuttil, seconded by Councillor Chew.
How the room voted
In favour (12)
- Billings
- Busuttil
- Caron
- Caton
- Chew
- Downer
- Gibson
- Goller
- Guthrie
- Klassen
- O'Rourke
- Richardson
Who spoke to it
Stephen O'Brien Presented the Governance Review
What council was given
The staff reports and correspondence attached to this item. The summaries are written automatically, so you can tell what a document is without opening a ninety-page PDF.
- 2023 Governance Review - 2023-141.pdf
A twice-per-term review of the rules governing how Council operates, asking approval of an updated Procedural By-law, Closed Meeting Protocol, terms of reference and policies covering recruitment and evaluation of senior officials reporting to Council, and changes to the Delegation of Authority By-law. Most edits are administrative. Council is also asked to direct the Clerk and Mayor to review the governance arrangements for the Strategic Advisory Group on Downtown Guelph and report back.
- Attachment-1 Amended Procedure By-law.pdf
- Attachment-2 Amended Closed Meeting Protocol.pdf
- Attachment-3 Amended CAO Recruitment, Selection and Performance Sub-committee Terms of Reference.pdf
- Attachment-4 Amended CAO Performance Evaluation Process - Terms of Reference.pdf
- Attachment-5 Amended Recruitment, Appointment and Contract Administration Policy.pdf
- Attachment-6 Amended Recruitment, Hiring and Involuntary Departure Procedures for Municipal Officers.pdf
- Attachment-7 Amended Schedule “A” – Delegation of Powers and Duties of the Delegation of Authority By-law.pdf
A summary is this site’s description of a document, not the City’s. Open the document before relying on one.
What was said
10,505 words from the meeting recording, transcribed automatically. Times are from the start of the recording.
Read the debate(click to open)
2:52:52it looks like we were going to try to have a hard,
2:52:56kind of a hard stop at five o'clock.
2:52:59That's kind of what we were all kind of banking on.
2:53:02Our clerk has indicated that his,
2:53:07reamble presentation in regards to the governance review
2:53:09is about, I think about five to seven minutes or so.
2:53:12So I think we will have enough time
2:53:14to go through this matter before we look to have a stop.
2:53:20And so I'll just ask our clerk to come up
2:53:23and give the presentation for the governance review.
2:53:37Thank you, Mr. Mayor.
2:53:39Just conferring with our CAO on a couple of things.
2:53:45Good afternoon, Chair Guthrie,
2:53:47as chair of the governance committee
2:53:49and members of city council.
2:53:50Happy to be here to present
2:53:52the 2023 governance review report.
2:53:55In 2018, the city clerk's office began preparing
2:53:58what are twice per term governance reviews
2:54:02as a means of really collecting
2:54:03kind of several different governance related policy
2:54:07recommendation or updates into one single report.
2:54:10And really what that helps us with is,
2:54:12and we believe it helps you as well,
2:54:14it's to sort of consider holistically these things
2:54:16all in one single package.
2:54:18The 2023 governance review is the fourth
2:54:21of such governance reviews
2:54:22that we've presented to city council since 2018.
2:54:26And it's been really quite frankly,
2:54:27administratively efficient for staff
2:54:30and has certainly provided what we feel
2:54:31as a consistent opportunity for members of council
2:54:34to raise governance related items in one single sitting
2:54:38and potentially also refer matters
2:54:40that happen throughout the off years
2:54:41of those governance reviews
2:54:43to future upcoming sessions such as this.
2:54:46All together, the governance review process
2:54:48has been effective and we do continue
2:54:50to bring it forward in that regard.
2:54:53The 2023 governance review includes updates
2:54:55to seven different policies, procedures and bylaws,
2:54:58response to two of your outstanding resolutions
2:55:00of city council.
2:55:01Many of the policy updates and procedural updates
2:55:05are relatively administrative and routine in nature.
2:55:08And they really do ensure that the city's governance policies
2:55:12continue to reflect best practices in our sector.
2:55:15And while some of these changes seem small,
2:55:17they're really part of the city's broader efforts
2:55:19to ensure our collective progress of our governance system
2:55:24and to ensure that it really remains,
2:55:25and I'll say that quite confidently,
2:55:28it remains as one of the leaders in the municipal sector.
2:55:31I'll highlight a few of the more impactful changes
2:55:33included in the report, but staff are obviously here
2:55:35and available to answer questions you might have.
2:55:37So first off, the procedure bylaw amendments to that bylaw
2:55:41include a four month limit on pulling
2:55:42of an information report from the weekly information items,
2:55:47unless a committee of the whole service area chair
2:55:49or other chair, acknowledging yourself, Mayor Guthrie,
2:55:52agrees to have that report pulled.
2:55:54Another item is delegation authority to myself
2:55:57and my team to make very minor administrative edits
2:56:00to motions that are moved at committee of the whole,
2:56:02things like including a date or a reference to a report,
2:56:05or sometimes where acronyms are sent in to us
2:56:07for accessibility purposes and just better public digestion
2:56:11of the material, we would spell all those acronyms.
2:56:13So we're talking about very routine and minor changes.
2:56:17We're also recommending that all delegate time limits
2:56:19be set at five minutes, including statutory public meetings
2:56:22held under the Planning Act.
2:56:24That ensures a consistency and a familiarity
2:56:26so that everyone coming before council
2:56:28speaks for the same amount of time.
2:56:30The delegation authority bylaw,
2:56:32you'll recall earlier this year council approved
2:56:34administrative changes to the delegation authority bylaw
2:56:36in April, which are April meeting.
2:56:38At that time, no real material changes
2:56:40to existing delegations were made,
2:56:42but through a review process,
2:56:44staff colleagues across the organization
2:56:46came forward with specific delegations
2:56:48that could be amended or added
2:56:51so that they better align with current practices
2:56:53or best practices in the sector.
2:56:56As a result, the report includes additional delegations
2:56:59of authority sought by five different city departments.
2:57:01Some of those staff from those departments
2:57:03are available at today's meeting.
2:57:05And if they're not available today,
2:57:06we can certainly route questions back to them
2:57:08as we head towards the end of the month
2:57:10and your ultimate ratification of this.
2:57:12The final aspect I'll point out is task force governance.
2:57:16In 2021, city council asked the city clerk's office
2:57:19to review and report back on best practices
2:57:22as it relates to task forces
2:57:24that are led by elected officials.
2:57:26Since 2021, however, the rules of the game changed.
2:57:29And we've seen a ruling from the Ontario Superior Court,
2:57:32sorry, that has really altered the legislative landscape
2:57:36that these kinds of bodies operate under.
2:57:40And so as long as they're carrying out the affairs
2:57:42of the municipality, they're deemed effectively
2:57:44to be local boards.
2:57:45And as a result of that, city staff have included
2:57:49a recommendation that requires that the city clerk
2:57:51in consultation with your self mayor, Guthrie,
2:57:54would work collaboratively to ensure
2:57:55that any existing task forces are compliant
2:57:57with those provisions of the act
2:57:59as a result of the changes
2:58:00that came through those court cases.
2:58:03So that brings me to the end of my presentation.
2:58:05I'm gonna take a seat beside Mr. McMahon
2:58:07and we're happy to answer any questions you might have.
2:58:10Great, thank you.
2:58:11Maybe just before questions, maybe I just look for,
2:58:15maybe I'll look to my vice chair, first time vice chair.
2:58:19Would you be able to at least move all the recommendations
2:58:21to get them on the floor?
2:58:22Okay.
2:58:23And then seconded by Councillor Chew.
2:58:25Thank you so much.
2:58:26And then why don't we start with questions only,
2:58:29Councillor Boussantel.
2:58:32Thank you.
2:58:33And through the mayor, just question around the editing,
2:58:36the minor adjustments to minutes and so on.
2:58:39Will it be in italics or something?
2:58:42So when it comes to those minutes come to council,
2:58:44it's clear what that change was.
2:58:47How would we know about the change?
2:58:50So through you, Chair Guthrie,
2:58:51what we would talk about predominantly here
2:58:53is motions that are sent in to staff.
2:58:55So not so much in the minutes,
2:58:56we'd like to catch these type of things
2:58:57before they get minuted.
2:58:59We have a statutory obligation under the legislation
2:59:02to minute your meetings without an order comment.
2:59:05So that won't change that process.
2:59:07That is our obligation to you as council and to the public.
2:59:11But as motions are sent into us,
2:59:13we might offer feedback in advance of it,
2:59:16of it being formally brought up if time permits.
2:59:19If it's in the meeting, obviously we're operating
2:59:21in the moment and having to respond quickly.
2:59:23So you might see a motion come through that references,
2:59:26I'll just refer to AMO.
2:59:27Well, we'll spell out what AMO is
2:59:29when that motion actually comes forward on screen.
2:59:32So.
2:59:33Thanks for the clarification.
2:59:36Great, thank you.
2:59:37Is there any other questions at this time?
2:59:40Okay, Ulrich.
2:59:44Sorry, Mayor Guthrie, are we on the procedural by-law
2:59:45or we're on the whole package?
2:59:47It's all, everything's been moved.
2:59:49Okay.
2:59:50All right, thank you.
2:59:51So through you to click O'Brien.
2:59:55In the municipal act rules for closed meetings
2:59:58in that section,
3:00:00it's two of nine in your red line document.
3:00:03It's 41 of 398 in our agenda.
3:00:07It removes quote management issues identified by auditors
3:00:12as a closed meeting,
3:00:17something that can be enclosed.
3:00:19So I understand that list is not exhaustive,
3:00:23but I am concerned about the removal of that language
3:00:26in the chart because if an external auditor
3:00:29or our internal auditor identified an issue
3:00:32and wanted to speak directly to council, right?
3:00:35And the internal auditor reports directly
3:00:37to the audit committee under which clause would council
3:00:40be able to speak with external or internal auditors
3:00:43on a matter that is not public.
3:00:47Yeah, that's a great question.
3:00:48Thank you, councillor Rorick.
3:00:49I'm through you, Mayor Guthrie.
3:00:51Again, and I think you alluded to it.
3:00:52The list is there by there,
3:00:54on that document is by no means exhaustive.
3:00:56We remove the reference to the internal
3:00:59and external audit functions specifically in that section
3:01:02because the reality is, and you're quite right,
3:01:04the internal auditor or an external auditor
3:01:06ought to have the ability to speak to council
3:01:08through the audit committee on any number
3:01:10of different matters, some of which do qualify
3:01:13to be rightly constituted under a closed meeting of council.
3:01:17So it may be secured to the property
3:01:19where it was originally listed,
3:01:21but it may also be, you know,
3:01:22matters about identifiable individuals
3:01:24in regards to their work with staff
3:01:26in conducting an audit.
3:01:27So we simply removed it from that one section
3:01:30so that it's not explicit that that would be the only place
3:01:34in which the internal auditor could meet with council
3:01:37or committee in a closed session.
3:01:39You're quite right.
3:01:40As long as they're meeting the sections or requirements
3:01:42under section 239, two of the municipal act,
3:01:45then they can meet with council on any number of issues
3:01:47as long as it's within those defined allowances
3:01:50under the act.
3:01:52Thank you.
3:01:53So through you, Margaritari.
3:01:54So that is not a list of,
3:01:55it's not an exhaustive list of what is permitted.
3:01:58It is illustrative.
3:02:00That's correct.
3:02:01Okay.
3:02:01We'll all have a chat with our chair of audit
3:02:03over the course of the month
3:02:04and see if he's cool with that.
3:02:07Second question, same chart.
3:02:09Under personal matters about identifiable individuals,
3:02:13says, quote, members on various boards and committees.
3:02:17So by removing that language,
3:02:19are we no longer discussing the slate
3:02:22of council appointments?
3:02:24Are we no longer discussing that in closed?
3:02:26Is that what that means?
3:02:29Through you, Mr. Mayor to councillor O'Rourke's question.
3:02:31So, the names of individuals that serve on committees
3:02:35is once they've been appointed is a public matter.
3:02:37So if you're discussing about a committee
3:02:39or members on a committee, that's a public matter.
3:02:42What we will continue to include in closed.
3:02:44And again, in the lines of that list,
3:02:45not being seen as exhaustive,
3:02:47but we still will continue to offer council
3:02:49the opportunity to discuss in closed
3:02:52because it does meet those requirements under the act.
3:02:54Are things like the application packages
3:02:57that members might apply for those committees?
3:03:00That is very clearly personal information.
3:03:02It often contains addresses, phone numbers,
3:03:04email addresses and the like.
3:03:06And so that needs to be properly constituted
3:03:08in a closed meeting to protect the personal information
3:03:10of those that have applied for committees.
3:03:13So again, that's removed in that sense only
3:03:16because the names of individuals
3:03:18who serve on committees is public information,
3:03:21but certain nuanced aspects about their personal information
3:03:24is in fact confidential and private
3:03:26and will be treated in the same regard
3:03:27as it has been in the past.
3:03:29Perfect, thank you.
3:03:30That's the clarity I was seeking.
3:03:31And through you, Mr. Mayor, I just have two,
3:03:36one, maybe two more questions.
3:03:37Under the delegation of authority by law,
3:03:41and someone give me an example of why we would need length
3:03:44of contracts to go from five to 10 years.
3:03:46I mean, that's beyond a strat plan.
3:03:49It's beyond the four year, multi-year budget.
3:03:54I just have a concern around that.
3:03:58Why go from five to 10 years?
3:04:00And I'll explain a little bit
3:04:02the other piece that's concerning me.
3:04:04The language in the paragraph says,
3:04:06longer-term agreements support organizations
3:04:08that rely on the city and other funders
3:04:10to offer stability to general operations, et cetera.
3:04:13But our role here in governance is to be stewards
3:04:15for the city and not necessarily
3:04:18to ensure operational stability for someone else.
3:04:21So if somebody can give me an example
3:04:24of what that would look like,
3:04:25it would help me get my head around that.
3:04:26Yeah, I think through you, Mayor Guthrie,
3:04:28to Councillor O'Rourke, that's a specific reference
3:04:31to some of the work that is carried out
3:04:33by DCL, Clark Bush and her team.
3:04:35So maybe I'll let her respond.
3:04:38Sure, through the Mayor to Councillor O'Rourke
3:04:39and thank you for the question.
3:04:40So examples, so our community benefit agreements
3:04:45are generally three to five years.
3:04:46So they fit within the five years
3:04:47where we were looking to change this delegation of authority
3:04:51is for some of those organizations
3:04:52with whom we have agreements.
3:04:53And I'm hesitant to get into too many specifics
3:04:56because I don't want to,
3:04:58so I'm just using specifics off the top of my head.
3:05:01These aren't exact examples that we're negotiating right now.
3:05:04But for example, the Lawn Bulling Club,
3:05:06the Tennis Dome, Salta's Gymnastics,
3:05:09Guelph Youth Music Center,
3:05:10these are organizations where we have agreements
3:05:13and where there would be benefit
3:05:14for the stability of the organization
3:05:16to sometimes in terms of our conversations with them,
3:05:20be able to do those contracts with them
3:05:23for longer than a five year period
3:05:26and to look to the longer term stability
3:05:28for the organization.
3:05:30So it's been identified.
3:05:32Previous histories,
3:05:33we actually have much, much longer term agreements.
3:05:35It's actually much coming down to five was a shortening.
3:05:38And I think, again, I won't name a specific,
3:05:42but I think there's an agreement, for example,
3:05:44that previously was done for somewhere over 30 years.
3:05:47So we're trying to find that balance
3:05:49between not getting too long into agreements,
3:05:51as you've said, where we're locking ourselves in,
3:05:53but giving the stability to an organization
3:05:56where it may be beneficial to be able to enter
3:05:58into a six or seven year agreement.
3:06:01So it was just about giving us that flexibility to do that
3:06:04as we're working with some of these organizations
3:06:06where we do have these existing longterm relationships.
3:06:12Okay.
3:06:14Thank you.
3:06:15And then my last question is on the task forces.
3:06:19Is there a date for the mayor and CEO to come back
3:06:23with an assessment of whether task forces are local boards?
3:06:31So I think the language is as required.
3:06:33So I'm just wondering what the timeline is.
3:06:36Thank you, Councillor Wark.
3:06:38And through you, Mayor Guthrie,
3:06:39I mean, our intent is as soon as possible,
3:06:42recognizing we're heading into the summer months,
3:06:44but in sort of brief preliminary conversations
3:06:47with Mayor Guthrie, and I'll let him
3:06:49add any additional commentary,
3:06:51we're ready to sort of embark on that work
3:06:53and that review sooner than later.
3:06:55And again, I'll defer to either Mayor Guthrie
3:06:58or CAO Stewart if there's any additional comments.
3:07:04Just so people at home can hear me.
3:07:05No, what you just said is exactly as we discussed
3:07:08that as soon as possible.
3:07:10So yeah, we're on the same page.
3:07:14Okay, thank you.
3:07:18And then Councillor Downer had a question
3:07:19and then over to Guller.
3:07:21Thank you.
3:07:22Councillor Wark asked the one about task force,
3:07:25but I have a sort of another one here,
3:07:27which I'm not sort of clear about.
3:07:29So a member of city council can establish a task force
3:07:34that does not qualify as a local board
3:07:36and they're free to do so.
3:07:37Such a body would not be considered a local board
3:07:40if it was not established.
3:07:42Greater point of our city council
3:07:43is not directly connected or controlled by the municipality
3:07:46is not carrying on the affairs of the municipality.
3:07:50So if I set up a task force in my ward on,
3:07:57oh, let's look at the tree situation in word five,
3:08:02and I called it my tree task force.
3:08:06Is that not carrying on?
3:08:08Like what could I possibly be setting up a task force for
3:08:11that I wouldn't be carrying on some issue
3:08:14around the municipality?
3:08:17I mean, I'm not furthering it with staff
3:08:19or bringing forward, like I just so,
3:08:21I'm just sort of, I'm not clear about that.
3:08:23Yeah, and through you, Mayor Guthrie,
3:08:26to Councillor Downer's questions, your question, Councillor.
3:08:28I think it's also a bit of a struggle that we're realizing.
3:08:31So what we're relying on is a court case here
3:08:33from the Ontario Superior Court,
3:08:35which uses the terms, you know,
3:08:37quote, carrying on the affairs of the municipality.
3:08:39That is quite broad in sort of,
3:08:42it's just plain reading of that language.
3:08:45We would be in a position to support members of council
3:08:47if they're embarking on those aspects.
3:08:49It's less about the, I'll call it the nomenclature
3:08:51or the naming of a committee,
3:08:53it's task force or committee or, you know, working group.
3:08:56It's less about what you call it and more about
3:09:00where that body's work might land on the spectrum
3:09:03of quote, unquote, carrying on the affairs
3:09:06of the municipality.
3:09:07So we're ready and prepared to be in sort of lockstep
3:09:10with members of council as they sort of embark
3:09:13on these activities and where needed,
3:09:16could consult with legal staff to support that work as well.
3:09:20It is really, and I use the analogy that sort of the rules
3:09:24change midway through the game in this last,
3:09:27between our last governance review
3:09:29and this governance review.
3:09:30And it literally was quite literally that case,
3:09:32superior court case as a result of a matter in Hamilton
3:09:35that sort of cropped up.
3:09:36And so we're all left in the sector kind of trying
3:09:39to ascertain what a specific body might,
3:09:43where it might land on that spectrum.
3:09:45So it is very challenging.
3:09:46I will acknowledge that as well, Councillor Downer,
3:09:47but suffice to say we can just be ready to support members
3:09:52of council if they're moving through those kinds
3:09:53of exercises or considerations.
3:09:55Okay, I'll think about that.
3:10:03The tree task force.
3:10:04Just sort of this, you know, advisory committees
3:10:09are now local boards issues.
3:10:13And if they have subcommittees or working groups,
3:10:19that all has to be.
3:10:21So it's not posted on our web.
3:10:23Local boards don't post their agendas on our website.
3:10:27They post them probably on their own,
3:10:29like the library or the DGBA, right?
3:10:31So the DGBA is a local board, right?
3:10:34Yes, that's correct.
3:10:35So any subcommittee of the DGBA should be doing that, right?
3:10:40Is that posting them on there?
3:10:43Through you, Mr. Mayor.
3:10:44Yes, absolutely.
3:10:45I mean, I think you know our default in the clerk's office
3:10:47is to open and transparent at all times.
3:10:51We're in a position to really well support
3:10:53some of the local boards in the community and are there.
3:10:56And we've, in fact, you know,
3:10:57because we're so early into this term still relatively speaking,
3:11:01you know, over the last course of the last six to eight months,
3:11:03we've worked pretty closely with some of those local boards
3:11:05to offer training, to offer support,
3:11:08to offer best practices and tips.
3:11:11We've done that with the DGBA,
3:11:12I believe with the Guelph Public Library Board.
3:11:16So we're able to do that, but yes,
3:11:19the default is to open and transparent by nature.
3:11:21The fact that the act states that these are local boards
3:11:25and by nature of that,
3:11:26they're required to have minutes and agendas posted
3:11:28in a relatively prompt time leading up to a meeting
3:11:31and following a meeting.
3:11:33Do all our advisory committees have their minutes
3:11:36are up to date and current on our website?
3:11:38I remember recently looking for, I can't even remember which one,
3:11:41but there was no minutes posted for like a couple of years.
3:11:47Through you, Mayor Guthrie, I will say yes.
3:11:50They certainly should be.
3:11:52The reality is resourcing the city's advisory committees
3:11:56can be a challenge.
3:11:57So we've got very dedicated and competent staff
3:12:00that serve as what we call staff liaisons for these committees.
3:12:02They do great work.
3:12:04They in effect act as extensions of the city clerk's office.
3:12:07When it comes to supporting the work of those committees
3:12:09from a legislative standpoint,
3:12:10they offer subject matter expertise
3:12:13that quite frankly, the team in the city clerk's office
3:12:16can't provide that level of subject matter expertise
3:12:18on whatever it is that they're formed to sort of engage upon.
3:12:23We offer that legislative expertise.
3:12:25So we're there in a position to support those staff liaisons,
3:12:29but we're exploring through discussions with the executive team
3:12:31how the city clerk's office can be a little bit more engaged
3:12:34in some of those groups.
3:12:36And that's certainly part of our work,
3:12:39looking forward to this term, your upcoming strategic plan,
3:12:42your upcoming budget deliberations, et cetera.
3:12:45So we feel we've made some really good interim
3:12:47and sort of iterative steps
3:12:49to be able to better support some of those advisory committees.
3:12:52So we think that's been beneficial.
3:12:55And the feedback we've received from those staff liaisons,
3:12:57and I think I speak on behalf of the executive team,
3:12:59from members of the executive team,
3:13:00is that that's a positive insertion for us
3:13:05as the city clerk's office to do that.
3:13:08Thank you.
3:13:10Great, just before I go to Councillor Gower,
3:13:11I just want to make sure I respect,
3:13:12I can see some of the delegations coming
3:13:15for the next agenda item.
3:13:17So I just want to, and some of you might have just walked in.
3:13:19So just so you know, like after this item is done,
3:13:23we are taking a heartbreak.
3:13:24Okay, so probably, you know,
3:13:28I got imagined like sort of like 530, 535,
3:13:31something like that,
3:13:32what might be sort of the starting time.
3:13:34So I just wanted to make sure I respected you.
3:13:36If you're like, oh, I wouldn't mind going
3:13:37and grab something to eat or come back, whatever,
3:13:39that you knew in advance and not kind of waited and waited.
3:13:42And then you didn't know.
3:13:43Okay, so I just wanted to make sure you knew that.
3:13:46So I have two more, Councillor Gower and then Buschichel.
3:13:49Thank you and through your worship.
3:13:51Mr. O'Brien, with regards to the change
3:13:54to the noise by like exemption,
3:13:58whereas before it said that the deputy CEO
3:14:01could give exempts to events
3:14:05that were going to be making loud noises
3:14:09and we had to make post notice about it.
3:14:11Now it says we may post the notice about it.
3:14:14Can I understand the rationale
3:14:15for not telling our community members
3:14:17that we have given an exemption
3:14:18and there's going to be an overly loud event
3:14:21that would contravene our noise regulations?
3:14:26Thank you, Councillor Gower and through you Mayor Guthrie.
3:14:30This is something that I think we can report back
3:14:31at the end of the month.
3:14:32But if I remember correctly, Councillor Gower,
3:14:34the specific question you're asking about around May
3:14:37is more about the nuances of where we post it.
3:14:40So for example, previously, delegations,
3:14:44we were able to post in at one point in time,
3:14:46it was a daily newspaper in the city.
3:14:49That's no longer an option for us.
3:14:50So the May is more about flexibility of in print,
3:14:54but also perhaps online.
3:14:56So, but again, that's my current assumption,
3:14:59but I think we can work back
3:15:00or again, I'll defer to DCO Clark Bush.
3:15:03Yeah, and through Mayor Guthrie to Councillor Gower,
3:15:05we can definitely get back
3:15:06and I'll follow up with Mr. Godfrey on that.
3:15:09But I think part of the challenge is the way
3:15:11that we were reporting was often actually missed
3:15:13by members of the public.
3:15:14And so it actually wasn't a helpful process.
3:15:17And so it's about having that discretion
3:15:19to look at what the noise by-law exemption is,
3:15:21determine how we need to, if we do need to report it
3:15:24and who we need to report it to,
3:15:25rather than being constrained
3:15:27to a very specific way of reporting.
3:15:29We'll do it on a case-by-case basis
3:15:31and do what makes the most sense
3:15:32in terms of the circumstances of the noise
3:15:35that is being exempted.
3:15:36Okay, okay, thank you.
3:15:38I will follow up with you.
3:15:40I have concerns that my constituents
3:15:43that live in the downtown experience
3:15:46many more loud events than the rest of the city.
3:15:50So it would be good to be clear about,
3:15:53we will tell people about it,
3:15:54but it's gonna be on the website, on Twitter,
3:15:56or whatever that form is.
3:15:58Thank you, Your Worship.
3:16:00Thank you, and then over to Councillor Prostul.
3:16:02Thank you, and through the Mayor.
3:16:04I just wanted to echo Councillor O'Rourke's
3:16:07kind of 10 years delegated authority.
3:16:09That was something that I highlighted
3:16:12as well as a bit of a concern.
3:16:16But I do wanna acknowledge Councillor Downer
3:16:19talked about task force and so on.
3:16:21And I wanted to thank the clerk's office
3:16:23for meeting with the mayor and I on May 29th to discuss this
3:16:27because I asked the same thing.
3:16:28Well, I'm gonna set up a task force then.
3:16:31But I was going to raise this and I will raise this.
3:16:34Yeah, it's about trees.
3:16:36In the engagement item later in the agenda,
3:16:38because there's two questions that I had
3:16:40and one is on page seven,
3:16:42in the engagement continuum,
3:16:44it talks about engagement staff, project managers,
3:16:47community members and elected officials in this engagement.
3:16:51And it feels like this fine balance of,
3:16:54that question, are you continuing or furthering
3:16:56the business of city council?
3:16:58And what had or how do, is it a working group?
3:17:01Am I a task force?
3:17:02Like how do we meet that continuum
3:17:06and still walk that fine line kind of thing?
3:17:10So that was a question that I had.
3:17:12The question actually is,
3:17:14will the clerk's office work with that team
3:17:17to ensure that we don't cross that line,
3:17:20whatever it looks like and we call ourselves,
3:17:22whatever we need to be.
3:17:24And through you, Mayor Guthrie,
3:17:25to Councillor Boussette, absolutely we will.
3:17:28Our challenge again is we kind of need to see this bear out.
3:17:32Like we sort of need to observe and watch
3:17:34how this court decision is interpreted
3:17:37in hopefully other municipalities
3:17:39if there's those that are sort of running up against this.
3:17:42But we'll continue to monitor that.
3:17:43We do offer that type of support and advice
3:17:46and guidance to all city departments,
3:17:48including our community engagement colleagues.
3:17:50So we'll be in lockstep with them as they move through
3:17:53those things and they know that they can reach out
3:17:54to us as well.
3:17:56Thank you.
3:17:56And I know we're going through the review
3:17:58of all our committees, our advisory committees
3:18:01and so on, which, so this is timely.
3:18:03And just finally through the mayor,
3:18:05when it comes to the recommendations,
3:18:07I'd like to separate item number one.
3:18:10Yep, no problem.
3:18:13What I'll do then is, oh, I'm sorry, I got one more.
3:18:15Councillor Caron and then I'll go to the vote.
3:18:17Yep, Councillor Caron over to you.
3:18:19Do you don't want to set up your own task force
3:18:21on trees, do you?
3:18:22Well, as a matter of fact,
3:18:26I'm changing the conversation a little bit
3:18:29to a different section of the report, if that's okay.
3:18:33And that is a section, hold on, I've got it on another screen.
3:18:38On page 14 section,
3:18:43just scroll back, 4.10,
3:18:46or 4.10.
3:18:49And then we have two, two new clauses there, H,
3:18:54which is, as a best practice,
3:18:57council may choose to move and second staff recommendations
3:19:00prior to any motions from members of council.
3:19:02So I had a question on that,
3:19:04just because it is listed as a best practice,
3:19:10what is the reasoning behind that?
3:19:13I'm not in opposition to it,
3:19:14it's just nowhere else in the governance report
3:19:18do I see as a best practice as the introduction.
3:19:22Is that considered a best practice?
3:19:24Is there evidence?
3:19:25Is that from AMCTO?
3:19:28Where is it a best practice from?
3:19:31That's a great question.
3:19:32Thank you, Councillor Caron.
3:19:33And through you, Mayor Guthrie.
3:19:35The rationale behind that change is, again,
3:19:39and I think council will have heard me talk about
3:19:41sort of the quote unquote bouncing ball.
3:19:43So the benefit of moving a staff recommendation,
3:19:46that does not presuppose that,
3:19:48I'll say this guardably as I look over at you too,
3:19:50that staff always have the best recommendation.
3:19:52Council may have very valid approaches
3:19:54and really good constituent input
3:19:56that informs an alternative approach.
3:19:59What this talks about is,
3:20:00staff makes a recommendation, Councillor Caron,
3:20:03and then that recommendation is what's included on an agenda.
3:20:06So if that is moved first,
3:20:08and then amended by a council motion,
3:20:12then the minutes then show that the history or the pathway
3:20:16and the lineage of that motion, right?
3:20:18Versus if something is on an agenda
3:20:20as a staff recommendation and a member of council,
3:20:23which again, remains your right as a member of council,
3:20:25if you move something in the alternative
3:20:28to a staff recommendation before that recommendation
3:20:31is moved, we may have someone look back
3:20:3310 years, 15, 20 years from now and say, wait a minute,
3:20:36I saw a staff recommendation on the agenda,
3:20:37but there's in the minutes,
3:20:38it shows an alternative approach.
3:20:40So the best practice is really just to sort of provide
3:20:44as clear a history of the decision.
3:20:46So staff recommendation moved,
3:20:48council had an alternative approach,
3:20:50an amendment was moved, the motion was duly amended,
3:20:53and then council carried on as they saw fit
3:20:55in their decision making.
3:20:58Does that answer your question, Councillor Caron?
3:20:59It does address it, yeah.
3:21:00And I'm okay with that.
3:21:02That tends to be what we do.
3:21:04We sometimes don't do that,
3:21:06but I can certainly understand why that record keeping
3:21:10is an important layering.
3:21:12So I'm okay with that addition.
3:21:16The next clause, clause I,
3:21:19and I'm sorry I didn't get, you know,
3:21:22send these questions ahead of time.
3:21:24It's something that's just kind of been percolating for me.
3:21:29I guess what I'm asking,
3:21:31and I may have an amendment here,
3:21:34is, and I can see why this clause has been added.
3:21:36I know we had a situation last year.
3:21:40Don't wanna bring up the reason for that situation,
3:21:43where we did have an amendment made
3:21:45where the minutes didn't reflect the amendment
3:21:47that was on, or the motion that was on the screen.
3:21:50And so I understand why this is added.
3:21:53So we wanna give the clerk some discretion
3:21:56to make our motions clearer in the public record.
3:22:03But I do have some concern about it being occurring
3:22:09prior to, during, or following the adjournment of a meeting.
3:22:14And it does give authority to the clerk at their discretion
3:22:19to make those administrative amendments
3:22:20without the mover or the seconder or the mayor
3:22:24having an opportunity to agree with those.
3:22:28We would have to confirm it at the minutes.
3:22:32And I just, I have some concerns about that
3:22:37because I believe that council should own its motions.
3:22:41The mover and the seconder should always own their motion.
3:22:45The clerk, you know, with all due respect,
3:22:49doesn't own the motion.
3:22:51So I think I do have an amendment then.
3:22:55I would like that to word,
3:22:56the clerk at their discretion may suggest
3:22:59administrative edits to motions and amendments
3:23:03rather than to make them.
3:23:04I think that the mover and the seconder of a motion
3:23:08should have the opportunity to own the motions
3:23:11that they make.
3:23:12And we do respect the role of the clerk and his team
3:23:18to suggest edits, administrative and otherwise.
3:23:23But I think that the mover and the seconder
3:23:26should ultimately decide whether or not
3:23:28those administrative amendments do accurately reflect
3:23:34the intent of the motion, the motion and do reflect
3:23:41the intent of the mover.
3:23:43So if I could just,
3:23:46I'm going to swap out the word make administrative amendments
3:23:48to suggest administrative edits.
3:23:53Let me just see if there's a seconder for that first.
3:23:55Okay.
3:23:56So I got a Rourke.
3:23:58So that's fine.
3:23:59Then it's on the floor then.
3:24:01And any questions on that amendment before?
3:24:06So I only, okay.
3:24:07It doesn't look like there's any questions.
3:24:08I have only one question
3:24:10because I'm actually, I'm not opposed to it at all.
3:24:13But just from a process point of view,
3:24:15like in the moment,
3:24:16you often will sometimes make suggestions
3:24:19or actually any of us can,
3:24:21we all kind of work together sometimes
3:24:22or a staff will make a suggestion.
3:24:25Will that require you then or any clerks
3:24:30to have to pause, make sure it's written out
3:24:36with the included suggestions
3:24:38before it goes up on the screen?
3:24:40Like I'm just trying to figure out,
3:24:43sometimes they are as minor as,
3:24:46oh shoot, that's a,
3:24:48that motion said 2022 by accident
3:24:50when it's supposed to say 2023.
3:24:53Do we all then have to pause our meeting,
3:24:56wait for that to be changed on the screen,
3:24:58have it go up on the screen?
3:25:00Is that how you are going to view this amendment
3:25:03by Councillor Caron?
3:25:04I know she's shaking her head,
3:25:05which I'm with you Councillor Caron.
3:25:07That's not my intent.
3:25:09Yeah, no, I just want to make sure
3:25:10from an actual workflow process in the moment thing
3:25:14that our clerks are understanding the intent
3:25:16behind the word suggestion.
3:25:18Yeah, and through you, Mr. Mayor,
3:25:19or to you, Mr. Mayor, to your question,
3:25:21you know, this is actually an exact example of this.
3:25:25So right now my team will be minuting this meeting
3:25:28and they're saying to themselves,
3:25:30what specifically is the wording that's being asked?
3:25:33What we might take is the exact explanation
3:25:35that Councillor Caron has given for her motion
3:25:37and we would word something that,
3:25:39an amendment to clause one,
3:25:41that the amended procedural byline
3:25:42included as attachment one, et cetera, et cetera,
3:25:44be approved, including a change to clause 4.10,
3:25:50H, and in a revision to the word make versus suggest
3:25:55and that type of thing.
3:25:56So we actually already do some of this work in the back end.
3:26:00What this change is intended to do
3:26:03is really capture quite frankly what happened.
3:26:05So members of council will know this,
3:26:07you'll often send an email into clerks.
3:26:09It might say, you know, and remove,
3:26:12sometimes we get simply, and this is with complete respect,
3:26:14it might say, remove the word may.
3:26:16Well, that's not actually the motion that's being tabled.
3:26:19It's a lot more nuanced than that.
3:26:21And again, coming back to the history piece,
3:26:23someone will want to look back five years from now
3:26:25and say, what exactly did they move?
3:26:27They didn't really move, just remove the word may.
3:26:29They moved something that was more substantive
3:26:32and very descriptive in that regard.
3:26:34So what we're trying to achieve with this suggested revision
3:26:37to the procedure by law is to give us the flexibility
3:26:39to support you in that regard.
3:26:42We will often go back and forth in meeting
3:26:44and support some of that dialogue with individual members.
3:26:47We will still continue to do that.
3:26:50But this speaks to that process of sending those motions
3:26:53to us so that we can support that process.
3:26:57Okay, and then this is a follow up.
3:27:00Oh, sir.
3:27:01Is that okay, Councillor Cronk?
3:27:02This is a follow up.
3:27:03Yeah, you do your follow up and then I'll respond.
3:27:05All right, thank you.
3:27:06So just as one follow up,
3:27:09I just want to ask you straight up,
3:27:11is this amendment of changing the word may make
3:27:15to may suggest, is it in any way onerous
3:27:19or not going to fulfill the natural end result
3:27:23of what we would see anyways?
3:27:27To you, Mr. Mayor, what it may do is it may cause us
3:27:31to go back to the member to say,
3:27:33thank you for your motion that you've provided.
3:27:34May I suggest this more explicit wording changes to this
3:27:39so that it achieves the intent
3:27:41that you're looking to achieve?
3:27:42And we may be in a position where we're waiting for it.
3:27:45What this allows us to do this amendment
3:27:47that we've proposed in the bylaw as it stands
3:27:49is that we will take that and still likely engage
3:27:53and say, I'm going to suggest this additional wording,
3:27:55but we'll be able to run with it more quickly.
3:27:57I come back to some of the language
3:27:58that we talked about during the orientation
3:28:00with council about respecting your time
3:28:02to be efficient and effective in your meetings.
3:28:04By no means do I see Councillor Caron's suggested amendment
3:28:07as deviating from that,
3:28:09but there is a nuanced aspect of us being required
3:28:12to suggest backwarding, waiting for that to be confirmed
3:28:15versus us sort of being able to support council's work
3:28:19in the moment.
3:28:20Okay, thank you.
3:28:22I think if I could just make a comment then on the motion
3:28:25before I go back to you, Councillor Caron.
3:28:27So you know what, I just don't think there,
3:28:30in my view, we could give this a try.
3:28:32I think that's where I'm kind of landing on it a little bit
3:28:35to support the amendment.
3:28:37And here's where I actually was,
3:28:40you kind of took the words out of my mouth,
3:28:41is that I agree, and I think we all agree,
3:28:44we want to have efficient and effective meetings
3:28:47by being better prepared to not have a whole bunch
3:28:51of in-the-moment changes,
3:28:53of course things will naturally rise,
3:28:55but if we could be better prepared with suggestions of words
3:29:00or things like that of amendments or different motions
3:29:03prior to us walking in the room, so we're more prepared,
3:29:07that way we aren't having to pause or wait
3:29:10or work backwards in the moment.
3:29:13That's because we received your suggestions
3:29:16or that of staff or whatever, prior to.
3:29:19And that kind of compels us as a council
3:29:21to be a bit more prepared.
3:29:23So anyways, I'll support this amendment,
3:29:25but I'll go back to the mover.
3:29:27Yes, thank you, Mr. Mayor.
3:29:29And I think we're onto something here.
3:29:31I think this is a new clause to our governance procedure,
3:29:34and I want it to be clear that I highly value
3:29:36the input of our clerk on helping us craft motions.
3:29:41For me, what stuck here was the following
3:29:44a German of the meeting.
3:29:45So if I make a motion and clerk edits it,
3:29:49and I'm not aware of that edit until I get the minutes,
3:29:52and then it's confirmed at a meeting
3:29:55where I have to check the wording of every motion
3:29:58that's made to make sure that my intent is clear.
3:30:01I just think that that dialogue, if an edit is made,
3:30:04goes back to the mover again, so that we can own our motions
3:30:07so that we don't put the clerk in a precarious position
3:30:10of having to defend an edit that was not
3:30:12the intention of the mover.
3:30:15So since this is a new clause,
3:30:17I think we're onto something,
3:30:18and that would give me that piece of comfort
3:30:21that there's a dialogue when a change is made.
3:30:25So I'll leave it at that.
3:30:26And vote accordingly.
3:30:31Yes, I think our clerks are gonna work on that amendment
3:30:34to have them come up on the screen.
3:30:35Councillor Downer really wants to see it.
3:30:38But I only have one more question, and there it is, boom.
3:30:43Oh, that was your, okay, that's it there.
3:30:46So it's already been moved and seconded.
3:30:47I think we've had good dialogue and reasoning behind it.
3:30:50So it looks like I can call the vote.
3:30:53So is anyone against that amendment change there?
3:30:57Seeing and hearing nobody's, that's unanimous.
3:30:59So that's great.
3:31:01Is there any other changes at all
3:31:03that need to be addressed?
3:31:04Councillor Boussantel.
3:31:07Thank you, and through the mayor,
3:31:08I did send this to the clerk's department.
3:31:12And this is section, let me just pull it up.
3:31:16It is to the procedure by-law, it is section 13.2C.
3:31:22And it's around information items to be amended
3:31:28to require consultation and approval
3:31:31of the relevant meeting chair prior to adding
3:31:35an information item to a committee of the whole
3:31:37or county or sorry, city council agenda.
3:31:41And again, thank you to the clerks
3:31:43for meeting with the mayor and myself
3:31:45and a conversation around this.
3:31:47But what I did appreciate through this whole by-law review
3:31:51is the tightening up as a new councillor,
3:31:55cleaning up some of the ambiguity around the procedure.
3:31:58So I'd like to place that.
3:32:01I'm sorry, not Michelle, Councillor Richardson
3:32:04as agreed to second that.
3:32:07Is there anything further on this item?
3:32:09So your worship, what is the motion?
3:32:13So we'll have it back up on the screen.
3:32:15Just give it a second there.
3:32:19There you go.
3:32:25Do you want me to explain what that is?
3:32:27Well, currently we only need approval
3:32:31if it's more than four months,
3:32:33but by this it would require approval,
3:32:36regardless of the time, is that correct?
3:32:38So that I'm understanding.
3:32:39So if I wanted to pull a report from last month
3:32:41and the chair was against it,
3:32:43then I wouldn't be able to pull it.
3:32:45I'm trying to understand why we would want to do that.
3:32:49Let's, want me to?
3:32:51Okay, we kind of discussed it as vice chair or chair.
3:32:54So the way it currently is,
3:32:56is that any councillor, including myself, by the way,
3:32:59can just ask for an information item to be pulled.
3:33:03And without any consultation with the chair
3:33:07or a deputy CAO,
3:33:08it can just flow right to the council meeting.
3:33:11And from an agenda management perspective,
3:33:16that can be quite difficult.
3:33:18Like if we had a major heavy issues agenda,
3:33:22and all of a sudden without chairs or deputy CAOs
3:33:25or anybody knowing a mayor or a councillor,
3:33:27says I'm putting this information item on there,
3:33:30then all of a sudden you've got this issue,
3:33:31it's landing on agenda without anybody knowing.
3:33:35And if I could just give an example
3:33:36of how like really good this sort of works already,
3:33:40you're gonna have an agenda,
3:33:42we're all gonna have an agenda item on this agenda.
3:33:45The councillor Caron rightly pulled as an information item
3:33:49a few months ago, like I don't know, two or three months ago.
3:33:52But she was great, like she contacted me
3:33:55and was like, I am thinking of pulling this.
3:33:57And I said, you know what,
3:33:57the best placement for that is under the overall governance
3:34:01review of this agenda item.
3:34:03And councillor Caron was like, yeah, that's great, that's perfect.
3:34:06Instead of it automatically without anybody knowing,
3:34:08it just flies to an agenda at the end of the month.
3:34:11So the approval or non-approval
3:34:15to get to your question as well,
3:34:18the default on that is that,
3:34:20first of all, I can't really see that happening,
3:34:23but let's say it did,
3:34:24then the default position of any councillor would be,
3:34:27well, then I'm gonna do a notice of motion then.
3:34:29And then so you could just on that exact information item,
3:34:32you could say, well, I'm gonna do a notice of motion
3:34:34to bring that item forward.
3:34:36So it's not stopping it from ever coming forward
3:34:39because there's always a process to bring it forward.
3:34:43But this really codifies
3:34:45that any member has to speak to the chair to say,
3:34:49look, I'm thinking about bringing this forward.
3:34:51And then the chair in consultation with the deputy CAO
3:34:54can say, you know what, the end of this month's perfect
3:34:56for that.
3:34:57It's not a heavy agenda item,
3:34:59it matches whatever we're talking about,
3:35:01or the chair could say, don't bring it to this one.
3:35:04Can we bring it to this one over here?
3:35:06It makes more sense exactly as this,
3:35:08the one that councillor Caron is bringing forward today
3:35:10as an example.
3:35:11Did that help you?
3:35:13My one concern is that it does leave the door open
3:35:17for an information item that at this point
3:35:22should be brought into an agenda, any agenda,
3:35:24for it to have to go through a notice of motion.
3:35:26And if the vote of council doesn't support it,
3:35:30then that will no longer be brought forward.
3:35:33So in essence, it puts that additional filter.
3:35:36So if my constituent wants to talk to an information item
3:35:41and council doesn't agree, they're no longer able to.
3:35:44So I am concerned about that filter.
3:35:46And then information items have this layer
3:35:49where they would very well not be brought
3:35:51to a meeting of council if the chair doesn't agree.
3:35:55And I completely agree with the timing,
3:35:57but the possibility for it to not be brought forward,
3:36:00that is a concern to me at this point.
3:36:02Okay, I guess my only response to that would be,
3:36:05forget that information items even existed.
3:36:08You have an issue that one of your citizens
3:36:11wants to bring in front of here,
3:36:14you would still have to go through
3:36:15a notice of motion process to get buy-in
3:36:18from your council colleagues to say,
3:36:19okay, this is a relevant issue
3:36:21that your citizen wants to talk about
3:36:23in the council chambers, right?
3:36:25So regardless, it's still,
3:36:27you would still need to kind of get permission
3:36:30in some way to that.
3:36:30Right, right, except that this is responding
3:36:32to a report that is coming from staff.
3:36:35And no, no problem, thank you for that.
3:36:39I'm gonna go to Colosson and then Billings on this one
3:36:42and then O'Rourke.
3:36:46Just for clarification purposes,
3:36:49is there precedent around this
3:36:51with any other municipalities pulling this,
3:36:54this information report away from the ability for counselors
3:36:58or is this just something that has come up?
3:37:03My first question.
3:37:07I can't speak to other municipalities.
3:37:09So maybe the court could jump in on that one.
3:37:11Yeah, really quickly through you, Mr. Mayor.
3:37:12I would say that the information items,
3:37:15the process we have and the process
3:37:17that other municipalities have very differently.
3:37:19There's no prescribed set rules for these types of things.
3:37:21We opt for once a week to issue information items.
3:37:24That lets members of council pull items
3:37:26that are just for receipt and discuss if they feel fit,
3:37:29see fit at that means some municipalities,
3:37:31smaller communities in Ontario will include
3:37:33those pieces of correspondence
3:37:35or those receipt item reports
3:37:36on regular agendas of council.
3:37:39So it's difficult to say whether it's precedent
3:37:43that there's so many different ways
3:37:44that it's done across the province.
3:37:48Okay, and so pulling it is one of the ways
3:37:51that we can bring something to council.
3:37:52So I don't know, I'm maybe kind of repeating something
3:37:55that Rodrigo said, but just for my own clarification,
3:37:58pulling it directly brings it straight onto the agenda
3:38:01versus a notice of motion would mean
3:38:05that we would have to get seven counselors to agree to it
3:38:09before it became, it got on the agenda.
3:38:12You are technically correct,
3:38:14but if I could just walk you through it one more time.
3:38:17Right now the procedural by-law omits talking to a chair
3:38:22or to the deputy CAOs, you could just automatically ask
3:38:25for an information item and you could just automatically
3:38:28have it come to the next council meeting
3:38:30without any talking to anybody.
3:38:32And that can be a problem
3:38:34from an agenda management point of view.
3:38:37So the proper kind of courtesy step,
3:38:39if I could call it that, is you would say,
3:38:41hey, I saw this information item, you go to the chair.
3:38:44You go to chair or RORC as an example and say it
3:38:47because it's an IDE information report.
3:38:50Hey, can I throw this on there?
3:38:52And the chair or RORC goes, yeah,
3:38:54the end of this month is perfectly fine, done.
3:38:56Or she says, well, I don't like that,
3:38:58can we do it next month?
3:39:00And then you're like, yeah, fine, done, right?
3:39:03But what this motion, this amendment is saying
3:39:06is that it basically codifies that you have to do that step.
3:39:11And if for some reason though,
3:39:12and I've never seen it by the way,
3:39:14if for some reason councillor RORC goes, no,
3:39:17this is not worthy of having a discussion at council at all.
3:39:20Then you would have a default third option,
3:39:23which is, well, then I'm gonna bring a notice of motion
3:39:25forward for my council colleagues to decide whether or not
3:39:28there's relevancy to it or not.
3:39:30So really what this is all about
3:39:32is making sure that it's codified,
3:39:34that the step to speak to the chair is there
3:39:38so that a conversation can be had
3:39:40before it's just automatically,
3:39:41without anyone knowing, put on an agenda.
3:39:46Okay, thanks for the clarification.
3:39:50Billings and then RORC?
3:39:54Yes, Mr. Mayor.
3:39:56So I'm agreeing with everything you've said
3:39:58in the process, however, it wasn't that long ago.
3:40:01There was an issue, it was on the information sheets
3:40:04and it was brought forward to council,
3:40:07but it was time sensitive.
3:40:10At that point in time, if this amendment were to pass,
3:40:13that chair could have said no.
3:40:17And then it would have been too late.
3:40:18To go through the process of the notice of motion,
3:40:22then the issue would have been over with,
3:40:24meaning staff in the information report
3:40:27was identifying how they were going to implement
3:40:29something immediately.
3:40:31And to go through the notice of motion process,
3:40:35then there couldn't have been direction from council.
3:40:38So this is why I'm hesitating and supporting this amendment
3:40:43is because it's only on time sensitive matters.
3:40:46As far as informing the chair,
3:40:48working with the chair, with the agenda, absolutely.
3:40:52But if it is time sensitive, that's where I'm blocking.
3:40:58Okay, I'm neutral.
3:41:00You can look at him.
3:41:01You can, sorry, go ahead.
3:41:03No, so I was just wondering,
3:41:04so if there was something through you two to Stephen,
3:41:08if there was some other way,
3:41:10because right now we just have the other option
3:41:12of notice of motion.
3:41:16Yes, you can suspend the procedural bylaw,
3:41:18which we've done.
3:41:19So that's another default position.
3:41:21If it's a time sensitive issue,
3:41:23the councillor could make the case
3:41:25through a point of order or a point of privilege
3:41:27to bring order requests to suspend the procedural bylaw
3:41:31to allow an item to flow immediately rare,
3:41:34but that is an option for council to consider.
3:41:36That is an option, but does that not have to be put on?
3:41:39I'm asking you, Mr. Mayor,
3:41:41does that not have to be put on the agenda?
3:41:44No, as an example, the community wanting to have council,
3:41:50council wanting to make their point known
3:41:53about the hydro power station in the park,
3:41:56in your West End, by the way,
3:41:58you brought that forward at the end of an agenda
3:42:02where council did have to suspend the procedural bylaw
3:42:06to allow that item to be discussed in the moment.
3:42:08That's correct, Mr. Mayor,
3:42:10but I went to you and asked your permission
3:42:13in order to make that happen.
3:42:16If I did not have your permission as you as chair,
3:42:22did you see where I'm going with this?
3:42:25I do, but even if I'm not allowed,
3:42:28if I had not given permission,
3:42:30you could have risen on a point of personal privilege
3:42:33to ask your councilmates to suspend the procedural bylaw.
3:42:40Even if I ruled that out of order,
3:42:42your councilmates can still challenge the chair
3:42:44with a majority vote to continue.
3:42:46Okay.
3:42:47Yeah, look, but hey, look,
3:42:49I want to be honest here with you,
3:42:53if that's a big enough deal for you,
3:42:56you could amend this amendment to say,
3:42:59instead of with the approval of the chair,
3:43:01I forget what the wording is,
3:43:03you could say in consultation with the chair,
3:43:06if you wanted to do that.
3:43:08Well, I would move that as an amendment.
3:43:12Okay.
3:43:12And councillor Klosson will second it.
3:43:15Mr. Mayor, if I may.
3:43:16Hold on, our clerk wants to jump in.
3:43:18Councillor Billings, just one second.
3:43:20That amendment that's being tabled
3:43:21is already what staff recommendations is.
3:43:24So the recommendation right now is to do a consultation.
3:43:27Our focus was predominantly around a four year,
3:43:31four month story limit.
3:43:33And it already includes the wording of consultation.
3:43:35I think if I can speak for councillor Boosterteal,
3:43:38I believe her intent was to make it sort of an in consultation
3:43:42and with approval of the chair of a respective committee.
3:43:46So if that's what councillor Billings is looking to achieve
3:43:49is simply just in consultation
3:43:51without the actual action of approval
3:43:55on the part of the chair,
3:43:56then that's already existing in the recommendation
3:43:58and the procedure by law amendments were proposing.
3:44:03Okay.
3:44:04Well, I mean, we could just take that is correct.
3:44:06So we could just take a vote on the amendment as is right now,
3:44:09looking for the approval.
3:44:10And if it fails, then it would default
3:44:13to the position that the clerk just said.
3:44:14So why don't we just wrap this up then
3:44:17and do it as simple as that with two stages.
3:44:19Councillor O'Rourke first though.
3:44:22Thank you, Mayor Guthrie.
3:44:23Just a couple of comments.
3:44:26One is that the role of the chair
3:44:28is to manage the agenda and the meeting.
3:44:30And so something added to the agenda
3:44:33should have the approval of the chair.
3:44:35We've not been really sticky
3:44:36and we don't have some kind of really, you know,
3:44:38hard nose chair, but that is the job, right?
3:44:43The other thing, and this happened to me actually
3:44:47in the last term of council.
3:44:49Sometimes we're pulling information reports
3:44:53because we want to ask more questions,
3:44:55but that can be done individually
3:44:57and doesn't have to happen at council or publicly.
3:45:00So if we're pulling something from an information report,
3:45:03what is the desired outcome there?
3:45:05Is it just to find out more?
3:45:06Cause there's another channel to do that that's not here.
3:45:10I have a concern, you know, we're very,
3:45:12we're a council that gets along really well.
3:45:15What is to preclude every member of council
3:45:18from pulling an information item
3:45:19and insisting it be put on an agenda
3:45:22without any sort of approval from the chair.
3:45:24It would be totally taking over a council
3:45:27or a committee agenda.
3:45:29So I think this actually is a bit preventative.
3:45:32It places that decision making with the chair.
3:45:34If somebody disagrees with the chair,
3:45:36they can take it up with them.
3:45:37They can do a notice of motion,
3:45:38but we've got to respect like why some of those roles are there.
3:45:43And so I'm glad councillor was still
3:45:45brought the motion forward
3:45:48because in fact it happened to me in the last term.
3:45:50So I'll resolve themicably.
3:45:52My other question is in clause C,
3:45:58there's a typo in the amendment that says,
3:46:00and clerk's clerk within four months.
3:46:03So I'm just wondering if the answer
3:46:04Boothie Tells motion to fix that
3:46:06or if we need to fix that.
3:46:08Well, through you councillor,
3:46:10we will exercise our authority to edit the motion
3:46:15as it comes on the floor.
3:46:17Yes, that should read city clerk.
3:46:18We will acknowledge that that's an error on our part.
3:46:20Thank you.
3:46:21Okay. Thanks.
3:46:23Thank you to the chair chair for bringing that up.
3:46:26Okay, so I'll go back to the mover for final comments.
3:46:30Before I go to you though,
3:46:32I am good to support exactly what councillor Booth
3:46:35and Till put down.
3:46:36I am good to support that.
3:46:37I think we should give it a try
3:46:39that the approval is required by the chair.
3:46:40Anyways, go ahead, councillor Booth and Till.
3:46:42Thank you.
3:46:43And just in closing,
3:46:44we had a robust conversation with the clerks.
3:46:46We met with them.
3:46:47The intention is not to close doors,
3:46:51but again, that efficiency effective,
3:46:54as councillor O'Rourke was saying,
3:46:56managing the agenda and moving through the meeting.
3:46:59That was the intent there.
3:47:02Okay, so let's call the vote then on the amendment here
3:47:06for actually getting approval of the chair.
3:47:08So I'll call the vote.
3:47:10All those against, please raise your hand.
3:47:13Okay, we got...
3:47:15Two, okay.
3:47:17That's Billings and Guller.
3:47:22Oh, I'm so sorry, and Kaden, I'm so sorry.
3:47:24Okay, thank you.
3:47:26So that fails.
3:47:27So now we'll go back.
3:47:29So that means, sorry, it passes.
3:47:31It passes.
3:47:32So that amendment has passed.
3:47:34All right, so now we're back to everything.
3:47:37Main motion as amended, okay.
3:47:39Anything further?
3:47:40We got councillor O'Rourke.
3:47:43Through you, Mayor Guthrie, the staff.
3:47:45So this 10-year contract is really troubling me
3:47:49because it could be any general manager.
3:47:51And again, like we have a very collegial,
3:47:53very respectful relationship here.
3:47:57But to me, that blanket provision of you can go
3:48:01from a five to a 10-year contract, it seems like a lot.
3:48:06So through you to staff, is there a mechanism
3:48:08where you can come and seek an exemption
3:48:10if you needed a contract that was that length?
3:48:13I don't want to worry for no reason,
3:48:15but the five years was there for a reason.
3:48:18And to me, it seems like a significant change
3:48:20in the delegation of authority.
3:48:22So can you help me get my head around it?
3:48:24Why not just come for a special exemption?
3:48:28So through the mayor to councillor O'Rourke,
3:48:30and then I don't know if Mr. O'Bron or Mr. McMahon
3:48:32want to comment, I think that was what we were partly
3:48:35trying to avoid was having to come to council
3:48:37and having to have council consider those agreements.
3:48:40And we can take that back between now
3:48:42and the end of the month to make sure that there is
3:48:45perhaps more limitation.
3:48:46It is certainly not the intention that any contract
3:48:49could be extended by any general manager
3:48:51for up to 10 years.
3:48:52That was not what we were trying to accomplish.
3:48:54It was simply to, when we're renegotiating
3:48:56some of our existing agreements,
3:48:58and it's predominantly related to renegotiations,
3:49:01is having that flexibility so that,
3:49:03and again, I'll just, I don't want to pick
3:49:07a specific example and look like I'm targeting it,
3:49:09but when we're doing these agreements
3:49:10with some of these community organizations
3:49:12that are utilizing city facilities
3:49:13for their longer-term operations,
3:49:15it was about giving them that stability.
3:49:18Yeah, and so, I mean, generally,
3:49:21the Merced Remembrance Day,
3:49:22that could be one that we'd look like.
3:49:23Generally, we do our CBAs on three to five-year cycles,
3:49:26but it would give us that flexibility,
3:49:28but we can take that away as well
3:49:30and commit to coming back at the end of the month,
3:49:33if, and maybe working with you to see if there's a way
3:49:35that we can accomplish what staff we're still hopeful for
3:49:38in terms of not having things having to come to council,
3:49:41but limiting how widely that could be used,
3:49:44because it certainly was not the intention
3:49:46that it be for any contract at the city
3:49:48or that any general manager could do that.
3:49:49So we can work with you on that if you want
3:49:53so that you can bring an amendment at the end of the month.
3:49:55Okay, thanks.
3:49:56The section I'm looking at is Table 3, Number 1.2,
3:49:59and it says delegate CAO, the deputy CAO's
3:50:02general manager of the relevant department,
3:50:05which seems broad to me.
3:50:08So through the mayor, we'll get that clarification
3:50:10because the intention really simply was those agreements
3:50:12sitting within the culture and recreation department
3:50:14where we're working with those community groups.
3:50:16So I will make, we will take that away and look at it
3:50:19and then follow up with you.
3:50:20Okay, great, thanks.
3:50:22So I'll make sure to go to you if there's a motion
3:50:24then having that ready, okay?
3:50:26At the end of the month.
3:50:27Yeah, Guller and then Busigil.
3:50:29Thank you through your worship to deputy CAO,
3:50:32but it's just a follow up on that.
3:50:34Would there be any instance where a general manager
3:50:37enters into such agreement without approval
3:50:39from their DCAO?
3:50:42Through the mayor to council Guller,
3:50:43no, because in general terms,
3:50:46these are separate from this delegated authority.
3:50:48We do also still have signing authority requirements.
3:50:51And so any of these types of agreements
3:50:52are coming to me for my signature
3:50:55because they exceed the signing authority
3:50:57of the general manager, which is,
3:50:59there's kind of those two measures in place.
3:51:02Okay, thank you.
3:51:03Thank you, worship.
3:51:04For sure, and then Busigil.
3:51:06Thank you.
3:51:07And I still had some concerns as well.
3:51:09And I guess I'm not familiar with the context.
3:51:12Is there a community benefit plan, like a longterm plan
3:51:16that would coexist with this
3:51:19because you're building the capacity of whoever.
3:51:24And I think I asked this question
3:51:25of the community investment, Dana,
3:51:28as well as not having a sense
3:51:30of where these investments are happening.
3:51:33And that's when I asked the question,
3:51:34is there a master plan so that you can picture
3:51:37and say, oh, capacity is growing here and not here?
3:51:39Or that kind of a context.
3:51:41And that's just a comment.
3:51:42And perhaps I just don't see it
3:51:44or have an understanding of it.
3:51:48Through the mayor,
3:51:49if I can just respond to council,
3:51:50please tell this really was about those longer term leases.
3:51:55Really the community benefit agreements
3:51:57we generally are doing on that three to five year cycle
3:51:59and council is seeing those on an annual basis.
3:52:02And again, I would go for example,
3:52:06and I'm, Salto's Gymnastics Club has a very long lease.
3:52:10I forget what the term length is.
3:52:11It's something in the range of 50 years.
3:52:13I believe it was negotiated long before I think most of us.
3:52:16When that time comes up to renegotiate that,
3:52:19it really was about the flexibility on that lease.
3:52:21If you have an organization that had a 50 year lease
3:52:23and we're looking to renegotiate it
3:52:25to then do only a five year lease is a big shift.
3:52:27So it really was about having that flexibility to say,
3:52:30where we used to do things
3:52:31and have these really longterm leases, that's too much.
3:52:34But perhaps five years was too short.
3:52:36And so for these longer term lease agreements,
3:52:39and as I say, I've, I don't think Salto's comes up
3:52:42for another 20 years, which is why I picked it as an example
3:52:44because it's not relevant.
3:52:46But that would be an example where we would like
3:52:49the flexibility to not have to bring something like that
3:52:52back to council where we've had an existing relationship
3:52:55with this community client for such a long period of time
3:52:57and simply to be renegotiating every 10 years, not every five.
3:53:04Okay.
3:53:06Flexibility.
3:53:07And you were talking about a gymnastics thing.
3:53:11All right, let's make a councillor downer
3:53:13for laughing at my jokes, I appreciate it.
3:53:16It looks like I can call the vote
3:53:18on the main motion as amended.
3:53:21So I will do that now.
3:53:23Is anyone against?
3:53:26Nobody, that's unanimous.
3:53:27So that's great.
3:53:28We got through that.
3:53:30So we are going to take our break now.
3:53:34And I'm going to suggest that we come back here at 545,
3:53:38almost a half an hour.
3:53:41No, let's make it a half an hour, please.
3:53:42So 10 to six, okay, 10 to six.
3:53:47And then we will jump into the last two things,
3:53:50the smart cities and the municipality
3:53:53of Trent Lake's resolution oath of office.
3:53:58And the third one, the downtown renewal.
3:54:01And then the fourth one,
3:54:02which is the engagement questions.
3:54:04Okay, here we go.
3:54:09See you soon.
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