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HomeMy WebLinkAboutPDS-006-21Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: January 11, 2021 Report Number: PDS-006-21 Submitted By: Reviewed By: File Number: Faye Langmaid, Acting Director of Planning and Development Services Andrew C. Allison, CAO PLN 7.3 Report Subject: Committee of Adjustment By-law — New Recommendations: 1. That Report PDS-006-21 be received; Resolution#: PD-024-21 By-law Number: 2021-009 2. That By-law 83-83, and its amendments, be repealed, and the By-law attached to Report PDS-006-21, as Attachment 2, be passed; and 3. That all interested parties listed in Report PDS-006-21 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-006-21 Report Overview Page 2 Planning and Development Services Department and the Municipal Solicitor were asked to review procedural rules from the Local Planning Appeal Tribunal (LPAT) and review the Committee of Adjustment By-law that dates back to 1983. This came as a result of recommendations contained in Report CLD-011-20, regarding electronic participation at meetings. The purpose of this report is to advise Council on the findings and recommendations regarding electronic participation for the Committee of Adjustment and request Council enact a new Committee of Adjustment By-law. 1. Background 1.1 Prior to the COVID19 pandemic and state of emergency, changes were evolving to allow for electronic participation by Members of Council and local boards. As a result of the COVID-10 pandemic emergency further revisions were made to the Municipal Act, 2001. 1.2 Report CLD-011-20 directed Planning and Development Services Staff and Legal Staff to undertake a review of the Committee of Adjustment By-law including provisions for the holding of electronic hearings, and report with findings and recommendations. Staff were asked to review the procedural rules of the Local Planning Appeal Tribunal (LPAT) to determine best practices at the Provincial level. 1.3 In April 2020, staff from the Clerks division, with the assistance of Planning and Development Services Staff, drafted an internal procedure document for electronic Committee of Adjustment meetings during the pandemic (Attachment 1). Since then a total of 10 meetings have been held and 46 minor variance applications have been considered. Members of the public are offered an opportunity to speak to applications and the process is working very well. Staff and the Committee members can be commended as they made the transition to electronic Committee of Adjustment hearings successfully and early on in the shutdown. 2. Discussion 2.1 The Rules of Practice and Procedure for the LPAT have been amended to provide for electronic hearings. However, the LPAT rules do not adapt readily for use by the Committee of Adjustments. Staff have concluded that the electronic participation provisions of the Council Procedural By-law serves as a better model for electronic Committee of Adjustment. Municipality of Clarington Report PDS-006-21 Page 3 2.2 Staff have tailored the Committee of Adjustment procedure (Attachment 1) to fit the needs of local Committee members, participants and members of the public. It is working very well. The Committee of Adjustment meeting closely mirrors the procedures for Council meetings and is hosted via Microsoft Teams. 2.3 Staff continue to monitor the process and procedure for electronic participation and provide assistance as needed to applicants and members of the public that may not be familiar with the technology. 2.4 In performing this review of internal procedures and electronic meetings, it was noted that the Committee of Adjustment By-law 83-83 required updating. The By-law dates back to 1983 and needs to be updated to reflect the latest provisions from the Planning Act. Amendments to the by-law were passed each time new Committee members were appointed however this is not reflective of current practice. A new by-law is recommended for approval (Attachment 2), which among other things provides for electronic participation. 2.5 The new Committee of Adjustment By-law (Attachment 2) together with the internal procedural document relating to electronic meeting (Attachment 1) provides for best practices to conduct hearings via electronic participation. 3. Concurrence This report has been reviewed by the Municipal Clerk and the Director of Legislative Services who concur with the recommendations. 4. Conclusion It is respectfully recommended that the Planning and Development Committee recommend to Council to repeal Town of Newcastle By-law 83-83 and approve the by- law to constitute a Committee of Adjustment in Attachment 2. Staff Contact: Anne Taylor Scott, Principal Planner, 905-623-3379 ext. 2414 ataylorscott@clarington.net. Attachments: Attachment 1 — Procedure for Electronic Meetings — Committee of Adjustment Attachment 2 — Proposed Committee of Adjustment By-law Interested Parties: There are no interested parties to be notified of Council's decision. Attachment 1 to Report PDS-006-20 Clerk's Departmental Procedure Leading the Way Appr d Procedure Number: 7 C00-004 A ov Date: Title: April 27, 2020 Electronic Meetings - Committee of Adjustment Meetings Revision Date: Purpose To set out the guidelines and procedure followed to conduct electronic meetings for Committee of Adjustment. The authority for conducting electronic meetings can be found in Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020 amendments to the Planning Act and Ontario Regulation 149/20 Special Rules Relating to Declared Emergency. Currently, these provisions only apply during an emergency, and as such, this procedure is geared to a pandemic situation. Definitions Electronic Participation — means participation by telephone or other electronic means (audio or audio/video). Procedure 1. Prior to the Meeting - General 1.1 All electronic Committee of Adjustment meetings shall be conducted using the video/audio conference solution as determined by the Clerk, Manager of IT and in consultation with the Director of Planning Services or designate. 1.2 The number of applications to be considered at a single meeting shall be determined by the Director of Planning Services or designate. Note, when scheduling the meeting, consideration should be given to the time requirements and anticipated number of public participants such that the meeting does not become unmanageable. Scheduling Meetings 1.3 Two members of the Planning Staff shall be required to attend the meeting — a Planner to take the minutes and answer questions from Committee Members, applicants and delegates, and another staff member to "host" the electronic meeting. Page 1 of 23 Departmental Procedure Title: C00-004 Electronic Meetings — Committee of Adjustment Meetings 1.4 The host shall have the ability to mute Members of Committee, staff and any other participants who do not have the floor and/or where the background noise is interfering with the meeting. Members and attendees may also be asked to mute their video (where applicable), at some point during the meeting, in order to improve bandwidth. 1.5 The host will schedule the meeting as soon as possible such that the meeting ID is created and can be included in the notices and agendas. The electronic invitation to Committee Members, and all necessary staff, shall be sent at the time of scheduling the meeting. Meeting Option Set-up 1.6 Appendix A to this Procedure details the meeting option setup, using Microsoft Teams. Meeting Notifications 1.7 All Notices to include a statement such as the following: Agendas for Committee of Adjustment can be found in the Agenda Section of the Committee's webpage: httos://www.clarinaton. net/en/town-hall/committee-of- adiustment.asp Members of the Public may participate in the Meeting online or via telephone. The Meeting will start at 7:00 PM. If you wish to participate, anytime after 6:30 PM, you may join the meeting by clicking on the Join Meeting now link at the top of the Meeting Agenda, or you may call into the meeting by calling 289-274-8255. Alternatively, please be advised that rather than participating in the meeting, you may submit your comments in writing by emailing to xxx or ... 1.8 Notification of the Meeting will be issued per the standard protocol via Canada Post, on the property and on the website. Should it be deemed appropriate by the Director of Planning, consideration will be given to also posting a notice in a prominent area within the community in close proximity to the subject property. As well, Notice of the Application and the meeting details shall be posted on the subject property. Page 2 of 23 Departmental Procedure Meeting Agenda Title: C00-004 Electronic Meetings — Committee of Adjustment Meetings 1.9 The electronic agenda will be posted on the website as per the standard protocol, by emailing the agenda to the Clerk's Department, clerks@clarington.net 1.10 Any staff comments, reports, presentations or supporting materials (such as maps, images, etc.).) shall be posted on the website as part of the Agenda, or as soon as possible after the agenda is published in advance of the meeting. 1.11 The meeting agenda shall include a copy of the "Join the Meeting" hyperlink as well as the link and telephone number at the to be used to join the meeting. Technical Support 1.2 Arrangements may be made with IT Staff to have them available for the first, or first couple of meetings, at least 30 minutes before the start of the meeting, and for the first 30 minutes of the meeting, to provide assistance to the Committee Members participating in a meeting by electronic means with establishing the electronic connection, if needed. 1.3 If communication is lost for any Committee Members during the meeting, every effort will be made to reestablish the connection. The Chair shall call a five minute recess. Should a Member have difficulty in establishing a connection, they will be encouraged to participate via telephone. 2. Logistics for Committee Members 2.1 The Chair shall lead the meeting and where possible, be present at the designated meeting location (with the Council Chambers being preferred) supported by the two Planning Staff and IT. 2.2 Committee Members will be requested to join the meeting 15 minutes prior to the start time to ensure that any connection issues can be resolved prior to the scheduled start of the meeting. 2.3 Committee Members participating in a meeting by electronic means shall mute their electronic device and when they are not speaking. 2.4 Once recognized by the Chair, the Member shall unmute their microphone prior to speaking so that all participants/attendees are able to hear what the Member is saying. Page 3 of 23 Departmental Procedure Title: C00-004 Electronic Meetings — Committee of Adjustment Meetings 2.5 Committee Members participating in a meeting by electronic means will be noted in the minutes as "present via electronic means". 2.6 A Committee Member may be allowed to join a meeting after the meeting has been called to order providing quorum was achieved prior to the member joining. 3. Logistics — Staff 3.1 Staff participating in a meeting by electronic means shall mute their electronic device and turn off their video when they are not speaking. 4. Public Participation 4.1 In accordance with Provincial legislation and Orders, members of the public are not permitted to physically attend the Meeting. Members of the public therefore are limited to participating electronically — either by joining the meeting via the electronic meeting or via telephone by calling and connecting into the electronic meeting. 4.2 There is no requirement for a member of the public to register to speak at the meeting. 4.3 Members of the public who wish to comment on an application, are encouraged to provide those comments in writing to planning @clarington.net prior to the meeting. Any comments received in advance of the meeting shall be listed on the Committee Agenda as per the standard process. 4.4 Members of the public who wish to participate (ie. just listen in) in the meeting can join the electronic meeting by clicking the Join Meeting Now link on the agenda or by calling into the meeting using the telephone number and meeting ID as detailed on the agenda and notice for the meeting. 4.5 Members of the public who join the meeting after the application they are interested in was heard by the Committee, shall be advised that the Committee has made its decision. The person may be added to the interested parties list and shall receive a copy of the decision and have the right to appeal should they wish. 5. During the Meeting - Opening Remarks 5.1 After the Chair calls the meeting to order, the Chair will make the following remarks to all those that are participating: Page 4 of 23 Departmental Procedure Title: C00-004 Electronic Meetings — Committee of Adjustment Meetings • Remind everyone to have their phones and/or devices muted (for both video and audio) unless they are wishing to speak. • Explain that the meeting is taking place through Microsoft Teams, and that some are participating through vide and audio and are visible, while others are participating through audio only. • Explain that the Chair will ensure that the meeting will take a slower pace, such that each item will be stated and then a moment will be given to allow everyone time to find their place. • Explain to the members of the public who are in attendance, but who did not receive a Notice of the Meeting, and who wish to be added to the Interested Parties List, they must email the Planning Department at planning@clarington.net or by calling 905-623-3379 ext. 2405 to provide their contact information (name, address, telephone number and email address). We do not want them providing that personal information during the meeting. 5.2 The Chair will then proceed to conduct the meeting beginning with the standard introduction to the rules and procedures of the Committee. 6. Processes During the Meeting 6.1 The Planner (ie meeting host) shall monitor attendees to ensure their mics are muted (unless they are speaking) to minimize disruption to the meeting. 6.2 The meeting host shall display any reports, diagrams, maps, etc. as deemed necessary by sharing their screen such that the members and other attendees may see the information. 6.3 Where there is a person attending the meeting via telephone, the Planner shall ensure that they clearly articulate what is being displayed, such that the person on the telephone may follow along should they have a copy of the item (as it would have been posted earlier on the website along with the meeting agenda). 6.4 To ensure transparency during a meeting, no Committee Member shall communicate through the chat feature within the electronic meeting system. Declaration of Pecuniary Interest 6.5 Members who declare an interest in an application to be considered by the Committee shall declare so and mute their microphone and their video during that portion of the meeting. Page 5 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings Delegations 6.6 The Chair shall ask the applicant or their agent to speak to the Committee. The host will unmute the applicant/agent. 6.7 The Chair shall then call upon any member of the public in attendance (i.e. joined into the meeting or called in) if they wish to speak the application. 6.8 The meeting host shall then monitor the Participant List in the electronic meeting system, to determine which participant is speaking up. The Participant List will either indicate the telephone number or the person's name. Note: Where there is a number of people wishing to speak, it will be incumbent on the Chair, in cooperation with the host, to keep track of those who wish to speak while ensuring that all those who do wish to speak get their opportunity. 6.9 The Chair shall then recognize the person and grant them the floor. 6.10 The Chair shall call on each Committee Member in alphabetical order to ask any questions. Once all members have had their questions answered, the Chair shall then proceed to call the vote. Moving a motion 6.11 The Chair will ask for a motion on the application. "Can I have a motion on this application?" 6.12 A Committee Member who wishes to move or second a motion, will simply speak up, stating their name and introducing their motion. Eg. "Joe Smith — I move to approve the application". 6.13 The chair will then ask for a seconder to get the motion on the floor. Speaking to a Matter 6.14 The Chair will canvass the Committee Members of their intention to speak to a matter on the floor and will notify the Committee Member when it is their turn to speak. Eg. We have a motion moved by Joe Smith, seconded by Betty Brown to approve the application. Is there any Committee Member wishing to speak to the motion?" 6.15 Prior to speaking to the motion, the Committee Member shall state their name. Once all members have had an opportunity to speak to the motion, the Chair shall call the vote. Page 6 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings Calling the Vote 6.16 The chair shall call the vote by stating the motion and then proceeding through each Committee Member to give them the opportunity to vote in favour or opposition to the motion. Eg. "I will now call the vote on the motion to approve this application. Member 1? <they will answer `yes' or `no'>, Member 2? <they will answer `yes' or `no'>, etc. until all members have voted. 6.17 The Chair shall then state the results. Eg. "That motion carries" Leaving the Meeting 6.18 A Committee Member participating in a meeting by electronic means shall inform the Chair about their intentions to leave the meeting either on a temporary or permanent basis. 6.19 A Committee Member participating in a meeting by electronic means shall be deemed to have left the meeting when they are no longer electronically connect to the meeting and are unable to reconnect. However, every effort shall be made to attempt to assist in reconnecting. Where this situation arises, the Committee may resolve to table the remaining portion of the Agenda and reconvene. Concluding the Meeting 6.20 At the conclusion of the meeting, the Chair shall, • announce that the meeting is now concluded, • remind members of the public to email Plan ning(a-)_clarington.net or call 905-623-3379 ext. 2405 to provide their contact information should they wish to be included on the Interested Parties List and receive a copy of the decision for that particular application, 6.21 the host shall then "end the meeting". Page 7 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings Appendix 1 User Guidelines — For Committee Members and Staff 1. How to schedule an MS Teams Meeting 1.1. The meeting host shall schedule the meeting and actively manage the system throughout the meeting. 1.2. Click on MS Teams purple icon. 1.3. Click on calendar Page 8 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings 1.4. The calendar will display. Click on the desired date and start time of the meeting and the meeting detail screen will display. L. Search or type a command New meeting Details scheduling Assistant Time zone:(UTC-05:00) Eastern Time (US &Canada) v ,�R �dd title 9 Add required attendees + Optional Apr 21, 2020 8:00 PM Apr 21, 2020 8:30 PM v 30m 40 All day Does not repeat Add channel Q Add location B I U A A Paragraph v TR = = 17 Qco Type details for this new meeting 1. Enter the meeting title as "Committee of Adjustment Meeting — X applications" — X being the number of applications to be considered. 2. Enter in the email addresses for each of the committee members and any required staff. 3. Enter the start time and anticipated end time for the meeting. 4. In the details box, enter the application numbers in the order in which they are going to be considered. 5. Then click on Save in the upper right corner. Note, once it is saved the meeting is scheduled, and those invited will immediately receive an email invite — which will include a link to join the meeting and a telephone number & meeting ID number which they call and enter when they are ready to join the meeting. Page 9 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings 2.1. The host must now set up the meeting settings. 2.2. Go to your Teams Calendar (as set out in steps 1.2 and 1.3 above) 2.3. Click on the scheduled meeting, and the meeting details screen will display. You will notice that now there is a new option available near the top of the screen "meeting options". test C of A #1 Chat Files Details Scheduling Assistant Meeting notes Whiteboard X Cancel meeting Time zone: [UTC-95:00] Eastern Time (US & Canada) v Meeting options test C of A #1I 2.4. Click on the Meeting options. A new webpage will open on your screen. test C of A #1 0 April 20, 2020 2:30 PM - 3:00 PM o Greentree, Anne Meeting options Who can bypass the lobby? Always let callers bypass the lobby Announce when callers join or leave Who can present? People in my organization v No Yes QD Only me v 1. Set "who can bypass the lobby?" to "People in my organization and trusted organizations". 2. Set "Always let callers bypass the lobby" to No (make sure it is filled in) Page 10 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings 3. Set "Announce when callers join or leave" to Yes (make sure it is filled in) 4. Set "who can present?" to "only me". 5. Save your settings. Once saved, it will show V Done! 2.5. Close that window. And then close the meeting window. Your meeting settings have now been saved. 3.1. The host will start the meeting at least 15-20 minutes before the meeting start time. 3.2. Following steps 1.2 and 1.3 above, go to your teams meeting calendar and click on the scheduled meeting. The meeting details screen will display. Click on Join in the upper right corner of your Close screen. Page 11 of 23 Departmental Procedure 3.3. The following screen will be displayed. Title: C00-004 Electronic Meetings — Committee of Adjustment Meetings 3.4. Click on Join Now and you will be in the meeting. Page 12 of 23 Departmental Procedure Title: C00-004Electronic Meetings — Committee of Adjustment Meetings 4.1. Click on the people icon in the floating menu on the screen (the floating menu is activated by wiggling your mouse on the screen). The participants screen is displayed. People lInvite someone or dial a number (c) - Currently in this meeting (1) reentree, Anne ip Organizer - Others invited (3) V0 Gallagher, June No response AGamble, Theresa No response 5.1. To mute a participant right click on their name in the participant's screen and select mute. 5.2. To mute a click on the ® to the right of the participant 9 participant's name and select "mute". Page 13 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings 6.1. When a person who is held in the lobby they must be admitted into the lobby by the host. In the people window, you can see that the people held in the lobby are listed. To admit them into the meeting, click on the ✓ 6.2. Note, while a person is "in the lobby" they cannot hear the meeting, until they are admitted. F' A Invite someone or dial a number (cb - Waiting in lobby (1) M Michelle Truest Currently in this meeting (1) Greentree, Anne Organizer - Invite others from conversation (1) VO Chambers. Michelle 7.1. The host ends the meetingb clicking on the ® in the floating Y 9 9 tool bar and selecting "end meeting". Page 14 of 23 Departmental Procedure 8.1. *6 to unmute the phone 9. Troubleshooting Title: C00-004 Electronic Meetings — Committee of Adjustment Meetings 9.1. Echo — If there is someone in the meeting that has joined and they have their sound coming out of more than one device, you may get an echo. Have the person mute their devices. The best way to prevent an echo is to use ear buds/ a headset when possible. 9.2. No one can hear me — If you're unable to be heard in the meeting here are a few steps on how to check your microphone. Move your mouse over or tap the Teams meeting screen, this will show your Control Bar. Check to see if your microphone is muted. A muted microphone will have a diagonal line across the If your microphone is unmuted and you are still unable to be heard, you can check Teams device settings right from the meeting. To do so bring up the Control Bar, click the three horizontal dots (More Actions button), then click Show device settings at the top of the menu. The Device Settings menu will now appear on the right side of your window. The third option in the Device Settings panel is where you can select which microphone Teams is using. If you have more than one option try selecting each one until your meeting members are able to hear you. Page 15 of 23 2 Show device settings Show meeting notes t o Enter full screen Show background effects E9 Tum on live captions (preVievi) Keypad 0 Start recording � End meeting PI Turnoff incoming video Device settings Audio devises Custom Setup Speaker Speakers (Conexant HD Audio) 11} Microphone Microphone {?-- USB PnP Sound Devi... \/ Microsoft LifeCam HD-3DOD %/ Mee#Ing settings Private viewing On Allow participants to move through shared presentations on their own Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings Change Input Volume. If you're often told that your microphone is too quiet or too loud during a meeting there is easy to access setting where you can adjust the input volume of your microphone. To start, find the volume icon in the bottom right corner of your screen. ' � I Right -Click on the volume icon and click Open Sound Settings. In the Sound Settings window, look for the Input section and click Device properties. Sound c�t c,.o.,� ®� nMarced sound options Here in the Device Properties window you can adjust the input volume of your microphone. Increasing the volume will make you louder and decreasing the volume will make you quieter. Page 18 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings settinas Device properties I Desktop Microphone I Rename Ji ❑ Disable Volume C LO.J D100 Test You can also click the Test button to see if Windows is able to hear you. Page Break Microphone Privacy Settings. Some devices may prevent the microphone from being used due to their privacy settings. You can allow selected applications access to your microphone by following these steps. Start by opening your Settings application. You can do this by clicking the windows icon in the bottom left corner of your screen, type settings, then select the Settings application. Page 19 of 23 Departmental Procedure Title: COO-004Electronic Meetings - Committee of Adjustment Meetings Once you've opened the Settings application, select the Privacy option. Settings gSystem Disp.ay, sound, notifications, power Network & Internet Wi-Fi, airplane mode, VPN Q Accounts l Your accounts, email, sync, work, other people Ease of Access ctNarrator, magnifier, high contrast E camera, microphone Windows Settings Find a setting Devices Bluetooth, printers, mouse r� Personalization Y Background, lock screen, colors 09 A9 Time & Language Speech, region, date Cortana O Cortana language Update & Security Windows Upoate, recovery, backup 11 Phone Link your Android, Whone ° Apps o- °— Uninstall, defaults, optional features (Rj Gaming VV Game bar, captures, broadcasting, Game Mode �] Search Find my files, permissions Page 20 of 23 Departmental Procedure Title: COO-004Electronic Meetings - Committee of Adjustment Meetings On the left side of the window, under App permissions select Microphone. Settings p Home Find a setting Privacy Windows permissions 8 General ftt Speech j Inking & typing personalization R� ❑iagnostics&feedback Genera Change privacy options Let apps use advertising ID to make ads more interesting to you based on your app activity [Turning this off will reset your ID.) O Off Let websites provide locally relevant content by accessing my language list M On Let Windows track app launches to improve Start and search results M On Show ine suggested content in the Settings app 40On �i Activity history Know your privacy options App permissions Learn how this setting impacts your privacy. Learn more LTj Location Privacy dashboard Privacy statement 01 Camera �icrophone Have a question? Voice activation Managing Microsoft account privacy settings On the Microphone privacy settings page please make sure that Allow apps to access your microphone, and Allow desktop apps to access your microphone are both on. Page 21 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings Allow maps to access your microphone If you allow access, you can choose vvhich apps can access your microphone by using the settings on this page. Denying access blocks apps from accessing your microphone. On Allow desktop apps to access your microphone Some apps and Windows features need to access your microphone to work as intended. Turning off this setting here might limit what desktop apps and Windows can do. Go On Page 22 of 23 Departmental Procedure Title: COO-004Electronic Meetings — Committee of Adjustment Meetings Appendix 2 — Tips for participating Before the Meeting • What not to wear - Avoid stripes or bright colours, solid colours are best. • What to wear — Attire suited to that type of meeting i.e. Council — Business Attire. • Be prepared. Have your agenda package or reference materials ready. You can also use your phone or tablet as an extra screen for your agenda. • Avoid messy or distracting items or areas in view of your camera. • Ensure your workspace is quiet and that you will not be interrupted. • Turn off your phone or set to mute and do not check your phone while on camera. Getting Started • Log -on to the meeting 5-10 minutes early to make sure your audio and video are working. • Check your lighting. Try to have light beside or behind your computer to illuminate your head and shoulders. Be cautious with natural light to avoid a silhouette effect. • Adjust your screen for a head and shoulder look and during the meeting do not lean into your computer as viewers may see closeups of your chin. Strange angles can be a distraction. • Using one of the provided backgrounds may cause less distraction to the viewers or ask if there is a corporate background that could be provided. • If you wear glasses, adjust your screen brightness to reduce glare. During the Meeting • Look straight in the camera when speaking to make eye contact with the viewers. It helps them to know you are engaged in the conversation. • Keep your body movements to a minimum as it can pixelate and degrade the picture. • There is about a 40 second lag time between the meeting and the Iivestream so be cautious if you are watching on another device as your body language should be appropriate to the item under consideration and not what you see on the Iivestream. • Keep your microphone muted unless you are speaking. Optics • Ensure your beverage does not look alcoholic or like a beer can. • Plastic water bottles may send the wrong message, consider using a glass, mug or reusable bottle. Page 23 of 23 Attachment 2 to Report PDS-006-20 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2021-XX Being a by-law to constitute and appoint a Committee of Adjustment for the Municipality of Clarington pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended Whereas Section 44(1) of the Planning Act provides that if a municipality has passed a by-law under section 34, the council of the municipality may by by-law constitute and appoint a Committee of Adjustment; And whereas Council passed Resolution #GG-230-20, arising out of Report CLD-011- 20, to authorize remote participation for local board meetings; And whereas Council deems it necessary to approve a Committee of Adjustment By-law to allow the Committee of Adjustment to participate electronically in meetings and establish updated provisions as described in PDS-006-21; And whereas the Resolution #GG-230-20 directed that the Terms of Reference for all Council Advisory Committees be amended to allow for electronic participation up to, and including, all members and members of the public; Now therefore the Council of the Municipality of Clarington enacts as follows: That the Committee of Adjustment appointed by Council pursuant to Town of Newcastle By-law 83-83 Town of Newcastle is hereby continued. 2. The Committee of Adjustment shall be composed of six (6) persons appointed by Council. 3. The members of the Committee of Adjustment who are not members of a municipal council shall hold office for the term of the Council that appointed them and the members of the committee who are members of a municipal council shall be appointed annually. 4. Members of the Committee of Adjustment shall hold office until their successors are appointed, and are eligible for reappointment, and, where a member ceases to be a member before the expiration of his or her term, the Council shall appoint another eligible person for the unexpired portion of the term 5. Three members of the Committee of Adjustment shall constitute a quorum. Page 1 of 3 Attachment 2 to Report PDS-006-20 6. The members of the Committee of Adjustment shall elect one of themselves as chair, and, when the chair is absent through illness of otherwise, the Committee may appoint another member to act as acting chair. 7. The Committee shall appoint a secretary -treasurer who shall be an employee of the Municipality. 8. The members of the Committee of Adjustment shall be paid such compensation as Council may provide from time to time. 9. The secretary -treasurer shall keep on file minutes and records of all applications and the decision thereon, and of all other official business of the Committee. 10. The Committee of Adjustment, upon the application of the owner of any land, building or structure affected by any by- law as passed pursuant to Section 34 or 38 of the Planning Act, or a predecessor of such sections, or any person authorized in writing by the owner, may, despite any other act, authorize such minor variance from the provisions of the by- law in respect of the land, building or structure or the use thereof, as in its opinion, is desirable for the appropriate development or use of the land, building or structure, if in the opinion of the Committee, the general intent and purpose of the by- law and of the Clarington official plan, are maintained. 11. In addition to its powers under section 9, the Committee of Adjustment, upon any such application, a. where any land, building or structure on the day the by-law under section 34 or 38 of the Planning Act was passed, was lawfully used for a purpose prohibited by the by- law, may permit: the enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed, or a use permitted under subclause (ii) continued until the date of the application to the Committee, but no permission may be given to enlarge or extend the building or structure beyond the limits of the land owned and used in connection therewith on the date the by-law was passed; or the use of such land, building or structure for a purpose that, in the opinion of the Committee, is similar to the purpose for which it was used on the date the by-law was passed, or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the date the by-law was passed, if the use for a purpose prohibited by the by- law or another use for a purpose previously permitted by the Committee continued until the date of the application to the Committee, or Page 2 of 3 Attachment 2 to Report PDS-006-20 b. where the uses of lands, buildings or structures permitted in the by-law under section 34 or 38 of the Planning Act are defined in general terms, may permit the use of any land, building or structure for any purpose that in the opinion of the Committee, conforms with the uses permitted in the by-law. 12. A member of the Committee of Adjustment can participate electronically in a meeting. 13. A member of the Committee of Adjustment who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time, and the member can participate electronically in a meeting that is open or closed to the public. 14. The following by-laws are repealed: 83-83, 86-8, 89-223, 92-1, 95-7, 98-7, 99- 158, 2000-04, 2001-006, 2004-015, and 2007-027. 15. That this by-law shall come into force and effect on the date of its passing. Passed in Open Council this day of 2021. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 3 of 3