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HomeMy WebLinkAboutCLD-04-05 REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 7, 2005 Report #: CLD-04-05 File#: (/ .r , /}/I '-- s;- -, ,--' hC8 "" t)r;-f -I./~ :/U0 By-law #;;lJ6::> - ~ ( ::XC05 - {)3-d-. Subject: PUBLIC MEETING REQUIREMENTS OF THE MUNICIPAL ACT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-04-05 be received; and 2, THAT Council's responsibility to hold hearings under the Municipal Act be delegated to the General Purpose and Administration Committee and the appropriate by-law (Attachment No, 1 to Report CLD-04-05) be passed; and 3, THAT a by-law to prescribe the form and manner and times for the provision of notice (Attachment No.2 to Report CLD-04-05) be passed, Submitted by: L ~_"O --.s ~L--. Reviewed by: Franklin Wu, Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1101 ~ REPORT NO.: CLD-04-05 PAGE 2 of3 BACKGROUND In accordance with the Municipal Act, 2001 (the Act), municipalities may pass licensing by-laws in order to impose conditions for one or more of the following purposes: . Health and Safety . Nuisance Control . Consumer Protection Prior to passing such a by-law, the council of the municipality shall, except in the case of emergency: . hold at least one public meeting at which any person attending has an opportunity to make representation with respect to the matter; and . ensure that notice ofthe public meeting is given Council has requested staff to review this section of the Act with the view of having the required public meeting held at General Purpose and Administration Committee meetings rather than Council meetings, Section 252 of the Act provides that if a council is required by law to hold a hearing or give interested parties an opportunity to be heard before doing any act, passing a by-law or making a decision, the council may delegate that responsibility to a committee of council. The committee shall then provide its recommendations to the council after which the council may pass the by-law or make the decision. In accordance with this section of the Act, the authority can be delegated to the General Purpose and Administration Committee, In order to do so, it is recommended that the by-law attached hereto as Attachment No.1 be passed by Council, Section 251 of the Act requires that where a municipality is required to give notice under a provision of the Act, the municipality shall give the notice in a form and in the manner and at 1102 REPORT NO.: CLO.Q4.Q5 PAGE30F3 the times that the council considers adequate to give reasonable notice under the provision, The by-law attached as Attachment No, 2 outlines minimum notice requirements as follows: 1, Notice of intention to pass a by-law or notice of a public meeting - Given at least once, not less than five days or more than thirty days prior to the proposed meeting date, If the proposed by-law is not passed at the meeting specified in the notice, but consideration of the matter is deferred, no further notice is required provided a public statement is made at the meeting that the matter has been deferred and that the municipality now intends to adopt or amend the by-law at a later council meeting specified in the public statement 2, Adoption of Annual Budget - The same requirements will apply for the notice of adoption of the budget as the notice of intention to pass a by-law or notice of public meeting, If, however, the budget is being amended, the by-law allows that the notice of such amendment shall be included in the report and the printing of the item on the council and/or committee agenda, with the notation "Amendment to Budget" shall constitute sufficient notice, This procedure will also apply to new projects that that have not been included in the annual budget 3, Improvements to Services - Notice of improvements in the efficiency and effectiveness of the delivery of services shall be published in the newspaper at the same time as proscribed in the Act for the publication of the Financial Statements of the Municipality, It is recommended that the by-law prescribing the provision of public notice attached hereto as Attachment No.2 be passed by Council. 1103 Attachment No, 1 to Report CLD-04-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- a by-law to delegate responsibility for holding hearings under the Municipal Act WHEREAS the Municipal Act, 2001, S,O, 2001, c,25, S.252 provides that where a council is required by law to hold a hearing or give interested parties an opportunity to be heard before doing any act, passing a by-law or making a decision, the council may delegate that responsibility to a committee of council; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1 , THAT council hereby delegates its responsibility for holding hearings in accordance with the Municipal Act to the General Purpose and Administration Committee; 2, THAT the General Purpose and Administration Committee shall provide its recommendations to council following the hearing, By-law read a first and second time this 141h day of February 2005, By-law read a third time and finally passed this 141h day of February 2005, John Mutton, Mayor Patti L, Barrie, Municipal Clerk 1104 Attachment No, 2 to Report CLD-04-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW a by-law to prescribe the form and manner and times for the Provision of Notice WHEREAS the Municipal Act, 2001, S,O, 2001, c,25, S,251 provides that where a municipality is required to give notice under a provision of this Act, the municipality shall give the notice in a form and in the manner and at the times that the council considers adequate to give reasonable notice under the provision; AND WHEREAS it is deemed advisable to set out the minimum notice requirements for those actions for which the notice requirements are not prescribed under the provisions of the Municipal Act or its regulations; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: DEFINITIONS 1, In this by"law "Act" means the Municipal Act, 2001, S,O. 2001, c.25 "Clerk" means the Municipal Clerk of the Municipality of Clarington "newspaper" means a printed publication in sheet fomn, intended for general circulation, published regularly at intervals of not longer than one week, consisting in great part of news of current events of general interest and sold to the public and to regular subscribers; "published" means published in a daily or weekly newspaper that, in the opinion of the Clerk, has such circulation within the municipality as to provide reasonabie notice to those affected thereby, and "publication" has a corresponding meaning, NOTICE OF INTENTION TO PASS BY-LAW - NOTICE OF PUBLIC MEETING Manner of Notice 2, Where notice of intention to pass a by-law or notice of a public meeting is required to be given, the Clerk shall cause such notice to be published in a newspaper, Time of Notice 3, Where notice of intention to pass a by-iaw or notice of a public meeting is required to be given, such notice shall be provided in the time frame prescribed in the Act or its regulations, and if not so prescribed, notice shall be given at least once, not less than five days or more than thirty days prior to the proposed meeting to pass a by-law or public meeting being held. 1105 - 2- 4, If the proposed by-law is not passed at the Council meeting specified in a notice in Section 2, but consideration of the matter Is deferred, no further notice is required under Section 2, if a public statement is made at the meeting that the matter has been deferred and that the municipality now intends to adopt or amend the by-law at a later council meeting specified in the public statement This section applies to any further deferrals of the matter. Form of Notice 5, Unless otherwise prescribed in the Act or its regulations, where notice of intention to pass a by-law or notice of a public meeting is required to be given, the fomn of the notice shall include the following information: (1) A description of the purpose of the meeting, or the purpose and effect of the proposed by-law; (2) The date, time and location of the meeting; (3) Where the purpose of the meeting or proposed by-law is related to specific lands within the Municipality of Clarington, a key map showing the affected lands; (4) The name and address of the person who will receive written comments on the issue that is the subject of the meeting and the deadline for receiving such comments. FINANCIAL Adoption of Annual Budget 6. The notice provisions set out in Sections 2, 3 and 4 shall apply to the adoption of the annual budget in total. Amendments to Budget 7, Where expenditure estimates approved in the budget have been subject to quotations or tenders quoting an amount greater than the estimated expenditure for that item, the approval process set out under the municipal purchasing by-law shall apply, and notice of such amendment to the budget shall be included in the report and the printing of this item on the Council and/or Committee Agenda, with the notation "Amendment to Budget", shall constitute sufficient notice, 8, New projects that have not been included in the annual budget shall be detailed in a staff report and notice of such amendment to the budget shall be included in the report and the printing of this item on the Council and/or Committee Agenda, with the notation "Amendment to Budget", shall constitute sufficient notice, Operating Costs Incurred Prior to Budget Approval g, Normal operating costs incurred prior to the adoption of the annual budget shall not require notice, and approval of such expenditures shall be deemed ratified upon the adoption of the annual budget 1106 - 3- Improvements to Services 10, Unless otherwise designated by regulation, notice of improvements in the efficiency and effectiveness of the delivery of services by the Municipality of Clarington and its local boards; and barriers identified by the municipality and its local boards to achieving improvements in the efficiency an effectiveness of the delivery of services by them, shall be published in the newspaper at the same time as prescribed in the Act for the publication of the Financial Statements of the Municipality of Clarington, GENERAL 11, Where separate by-laws have been enacted in accordance with provisions contained in the Act, the notice provisions set out in such by-laws shall prevail. 12, No notice shall be required under this by-law, where the provision of notice will interfere with the ability of Council to conduct business with respect to a matter permitted for a closed session under Section 239 of the Act 13, Nothing in this by-law shall prevent the Clerk from using more comprehensive methods of notice or providing for a longer notice period, EMERGENCY PROVISION 14, If a matter arises which, in the opinion of the Chief Administrative Officer, in consultation with the Mayor, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of the residents of the Municipality of Clarington, or if a State of Emergency is declared, or if so advised by a Provincial Ministry, the Clerk shall make his/her best efforts to provide as much prior notice as is reasonable under the circumstances or will provide notice of the action as soon as possible following the action and will present a report to Council for ratification, EFFECTIVE DATE 15, This by-law shall come into full force and effect on the date of passing, By-law read a first and second time this 14th day of February 2005, By-law read a third time and finally passed this 14th day of February 2005, John Mutton, Mayor Patti L, Barrie, Municipal Clerk 1107