HomeMy WebLinkAbout2021-05-10
General Government Committee
Agenda
Date:May 10, 2021
Time:9:30 a.m.
Location:Council Members (in Chambers or MS Teams) | Members of the Public (MS
Teams)
Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for
accessibility accommodations for persons attending, please contact: Lindsey Patenaude,
Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lpatenaude@clarington.net.
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Government Committee meeting, the Municipality will be recording you and will make the recording
public by on the Municipality’s website, www.clarington.net/calendar
Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law,
this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by
the Committee.
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or
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Copies of Reports are available at www.clarington.net/archive
The Revised Agenda will be published on Friday after 4:15 p.m. Late items added or a change to
an item will appear with a * beside them.
Pages
1.Call to Order
2.Land Acknowledgement Statement
3.New Business – Introduction
As outlined in Corporate Policy F-11 Transparency and Accountability, the
Municipality of Clarington is committed to ensuring that it is accountable to the
public for its actions, through responsible and transparent behaviours and the
manner in which the municipality will try to ensure that its actions are
transparent to the public. Accordingly, Members of Council will endeavour to
provide New Business resolutions in advance of the meeting.
4.Adopt the Agenda
5.Declaration of Interest
6.Announcements
7.Adoption of Minutes of Previous Meeting
7.1.Minutes of a Regular Meeting of April 19, 2021 5
7.2.Minutes of a Special Meeting of April 22, 2021 16
8.Delegations
8.1.Daniela Glaser, Adulam Foundation, Regarding Ecotherapy Proposal
Letter
18
(Correspondence Attached)
8.2.Mary Ann Muizelaar, Regarding Item 18.1, Report LGS-018-21 On-Farm
Special Events Licensing By-law
9.Communications – Receive for Information
9.1.Minutes of the Newcastle Business Improvement Area dated April 8,
2021
21
9.2.Minutes of the Ganaraska Region Conservation Authority dated April 15,
2021
24
General Government Committee
May 10, 2021
Page 2
10.Communications – Direction
10.1.Tenzin Shomar, Executive Director, Clarington Youth Council,
Regarding Opening Outdoor Recreational Amenities
28
10.2.Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town
of Ajax, Regarding Removing 412/418 Tolls
29
11.Presentations
12.Public Works Department Reports
12.1.PWD-022-21 Postal Box Garbage Cans and Municipal Property Pet
Waste Fines
31
13.Emergency and Fire Services Department Reports
14.Community Services Department Reports
14.1.CSD-002-21 Symbols of Hate – Anti-Racism and Symbols of Hate 39
14.2.CSD-003-21 Future Indoor Recreation Facility 45
15.Legislative Services Department Reports
15.1.LGS-017-21 Procedural By-law Review 66
16.Financial Services Reports
16.1.FSD-021-21 2020 Annual Statement for the Development Charges
Reserve Funds
161
16.2.FSD-022-21 Supply and Delivery of One Single Axle and Four Tandem
Axle Cab and Chassis Units
172
16.3.FSD-023-21 2021 COVID Support for Hall Boards 176
16.4.FSD-024-21 Lambs Road Interchange Study 186
16.5.FSD-025-21 Nash Road Widening and Rehabilitation 191
16.6.FSD-027-21 Scanning and Conversion Services 196
17.CAO Office Reports
General Government Committee
May 10, 2021
Page 3
18.New Business – Consideration
18.1.LGS-018-21 On-Farm Special Events Licensing By-law 201
19.Unfinished Business
20.Confidential Reports
21.Adjournment
General Government Committee
May 10, 2021
Page 4
1
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General Government Committee
Minutes
Date:
Time:
Location:
April 19, 2021
9:30 a.m.
Council Members (in Chambers or MS Teams) | Members of
the Public (MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill,
Councillor M. Zwart
Staff Present: A. Allison, J. Newman, G. Acorn, R. Maciver, S. Brake, T. Pinn,
G. Weir, L. Patenaude
Other Members
Present:
B. Radomski, L. Wheller
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 9:30 a.m.
2. Land Acknowledgement Statement
Councillor Traill led the meeting in the Land Acknowledgement Statement.
3. New Business – Introduction
There were no new business items added to the Agenda.
4. Adopt the Agenda
Resolution # GG-280-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the Agenda for the General Government Committee meeting of April 19,
2021, be adopted, with the exception of Item 10.1, as it doesn't meet the criteria
requirements for correspondence.
Carried
5. Declaration of Interest
Mayor Foster declared a direct interest in Item 20.1, CAO-002-21 Potential Land
Disposition, as he is the Secretary-Treasurer with Durham Region Non-Profit
Housing Corporation and has a conflict under the OBCA.
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General Government Committee Minutes April 19, 2021
2
6.Announcements
Members of Committee announced upcoming community events and matters of
community interest.
7.Adoption of Minutes of Previous Meeting
7.1 Minutes of a Regular Meeting of March 29, 2021
Resolution # GG-281-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the minutes of the regular meeting of the General Government Committee
meeting held on March 29, 2021, be adopted.
Carried
8.
8.1
Delegations
Due to technical difficulties, delegations were heard in the following order.
Beth Meszaros, Regarding Item 15.2, Report LGS-016-21 On-Farm Special
Events Licensing By-law
Beth Meszaros was present via electronic means and made a verbal
presentation to accompany an electronic presentation. She quoted the Municipal
Planning Policy relating to the Official Plan and quoted the Ruling of the Tribunal
Report dated July 25, 2018. Ms. Meszaros stated that Clarington could have
sustainable development by setting clear definitions, specific parameters and
enforceable regulations.
Ms. Meszaros notedthat
it is encouraging to hear Members of Council discuss a minimum distance
separation between neighbors and a special event venue. She explained how
the by-law is inadequate and unenforceable and added that Clarington is
unprepared to enforce and regulate on-farm special event venues to ensure
sustainable development, manage growth and healthy communities. Ms.
Meszaros questioned why Clarington followed LPAT's Ruling for the meat
processing portion of Report PSD-070-18 but did not implement the decision
regarding special events from the same report. She expressed her concerns
regarding the number of events and suggested that Committee reject Section
2.6. Ms. Meszaros stated that Clarington must align with the PPS and added
that before any applications are approved, Clarington must implement an
enforceable framework with clear definitions. She requested that the specific
limits with numbers and times be set, follow the ruling of LPAT and trust the
advice from the Agricultural Advisory Committee.
Item 8.2, Delegation of Raivo Uukkivi, Cassels Brock and Blackwell LLP,
Regarding Item 15.2, Report LGS-016-21 On-Farm Special Event Licensing By-
law was considered later in the meeting after Item 10.2.
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General Government Committee Minutes April 19, 2021
3
8.3 Les Caswell, Regarding Item 15.2, Report LGS-016-21 On-Farm Special
Event Licensing By-law
Les Caswell was present via electronic means and stated that he submitted a
letter to Mr. Maciver, Municipal Solicitor on March 30, 2021 regarding Staff
comments made at the subcommittee meeting and never received
acknowledgement or response. He expressed his concerns regarding bees and
pesticides as they can cause allergic reactions. Mr. Caswell questioned if
overnight camping will be permitted and how will it be e nforced and stated he
agrees with the licensing agreement policy. He expressed his concerns regarding
the yearly fee, specific guidelines to be included, the number of events, hours
and time. Mr. Caswell concluded by stating that the decision of Committee is
one that affects all of Clarington not one specific site.
8.5 Annette Weykamp, Regarding Item 15.2, Report LGS-016-21 On-Farm
Special Event Licensing By-law
Annette Weykamp was present via electronic means and made a verbal
presentation to accompany an electronic presentation. Ms. Weykamp stated that
the suggestions from Staff regarding the by-law is practical and reasonable. She
quoted the Municipal Act and expressed her concerns regarding the LPAT
decision PL170178 from 2018. She quoted the limitations outlined in the PPS,
the definition of on-farm diversified uses and provided recommended area
calculations. Ms. Weykamp expressed her concerns regarding the number of
attendees and suggested that the site plan significantly lowered the numbers
because of parking, septic and floor space calculations. She stated that limiting
the events to weekends and holidays makes it permanent and does not look
forward to noise and traffic every long weekend. Ms. Weykamp suggested that
the cap for events per year should be lowered as it is supposed to be secondary,
not primary. She expressed her concern regarding events not being small, noise
cut off at 11 p.m., licensing fee, and fines. Ms. Weykamp stated that a license is
essential to the enforcement of the by-law. She thanked the Agricultural
Advisory Committee and Staff for their recommendations to limit events as
secondary to the primary agricultural use and stated that there is sufficient
information from LPAT to limit the scope of such events in the best interest of the
public and farming operations.
8.4 Bruce Sargent, Sargent Family Dairy, Regarding Item 15.2, Report LGS-016-
21 On-Farm Special Event Licensing By-law
Bruce Sargent, Sargent Family Dairy, was present via electronic means and
made a verbal presentation to accompany an electronic presentation. He
introduced himself explaining he owns a dairy farm and noted that the Durham
Agriculture Industry has contributed $300,000,000 in production. Mr. Sargent
expressed his concerns regarding the definition of on-farm events, hours and
seasonality, the fee and frequency of meetings. He stated that the proposal is too
restrictive, more time is needed to find a balance, and the by-law should be
reformulated to include more specific operational regulations.
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General Government Committee Minutes April 19, 2021
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Mr. Sargent noted that, if other regions don't restrict special events, Clarington
will be pushing events away. He concluded by stating that the community needs
the opportunity for growth since the pandemic and answered questions from
Members of Committee.
8.6 Susanne Gagnon, Regarding Item 15.2, Report LGS-016-21 On-Farm
Special Event Licensing By-law
Susanne Gagnon was present via electronic means and introduced herself and
expressed her concerns regarding the number of guests, hours of operation,
noise, complaints, traffic, pesticides, and the yearly fee. She explained that
people move to rural areas for a quiet place, not to be beside an event space that
has numerous guests making noise past 11 p.m. Ms. Gagnon stated that
educational events should be considered separately and questioned if there will
be a cap on licenses and how will they be controlled.
8.7 Bob Clark, Clark Consulting Services, Regarding Item 15.2, Report LGS-
016-21 On-Farm Special Event Licensing By-law
Bob Clark, Clark Consulting Services was present via electronic means and
addressed his concerns regarding the proposed by-law adding that the by-law
should include how to resolve complaints. He stated that the process is difficult
for a farmer to be confident in moving forward with an event knowing the workers
involved will stay and maintain staffing levels. Mr. Clark expressed his concerns
regarding overlapping of events, definition of on-farm uses, noting educational
events should be considered separately, inclusion of staff in the number of
attendees, the fee, issuance and refusal of licenses, and penalties. He concluded
by answering questions from Members of Committee.
8.8 Carion Fenn, President and CEO, Carion Fenn Foundation, Regarding
Mental Health Week and Resilience Workshop
Carion Fenn, President and CEO, Carion Fenn Foundation, was present via
electronic means and made a verbal presentation to accompany an electronic
presentation. She introduced herself and provided an overview of the
charity. Ms. Fenn outlined their 2021 programs and thanked Council for
participating in Durham Kids Health Week. She noted that, on April 22, 2021,
they are hosting their first kids’ wellness forum. She stated that May 3-9 is Mental
Health Week and May 5 is the first Resilience Workshop which is sponsored by
Clarington. Ms. Fenn stated that they would like to run an eight-week program
for Clarington residents, to help recover from the pandemic. She added that they
will apply for funding through Clarington and thanked Members of Council for
their Support.
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General Government Committee Minutes April 19, 2021
5
Resolution # GG-283-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Item 8.8, Delegation of Carion Fenn, President and CEO, Carion Fenn
Foundation, Regarding Mental Health Week and Resilience Workshop, be
received and referred to Staff.
Carried
Recess
Resolution # GG-284-21
Moved by Councillor Zwart
Seconded by Councillor Jones
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 10:58 a.m. with Mayor Foster in the Chair.
Alter the Agenda
Resolution # GG-285-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Agenda be altered to consider Item 15.2, Report LGS-016-21, at this
time.
Carried
15. Legislative Services Department Reports
15.2 LGS-016-21 On-Farm Special Event Licensing By-law
Resolution # GG-286-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report LGS-016-21 be received;
That the proposed By-law be amended by removing Sections 2.6, 2.7, 2.8, and
2.9;
That the issues be dealt with through the individual zoning application; an d
That the fee be amended to $250 per year.
Referred
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General Government Committee Minutes April 19, 2021
6
Amendment:
Resolution # GG-287-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the foregoing Resolution #GG-286-21 be amended by adding the following
at the end:
That the properties currently zoned to permit on-farm special events, be
grandfathered in.
Yes (3): Mayor Foster, Councillor Hooper, and Councillor Zwart
No (4): Councillor Anderson, Councillor Jones, Councillor Neal, and Councillor
Traill
Motion Lost on a Recorded Vote (3 to 4)
Resolution # GG-288-21
Moved by Councillor Traill
Seconded by Councillor Neal
That the foregoing Resolution #GG-286-21, be referred to Staff to Report back at
the May 10, 2021 General Government Committee meeting.
Carried
9. Communications – Receive for Information
Resolution # GG-289-21
Moved by Councillor Zwart
Seconded by Councillor Neal
That Communication Items 9.1 to 9.7, with the exception of Items 9.1, 9.3 and
9.7, be received for information.
Carried
9.2 Minutes of the Newcastle Business Improvement Area dated March 11,
2021
Resolution # GG-290-21
That Communication Item 9.2, Minutes of the Newcastle Business Improvement
Area dated March 11, 2021, be received for information.
9.4 Minutes of the Energy from Waste - Waste Management Advisory
Committee dated March 25, 2021
Resolution # GG-291-21
That Communication Item 9.4, Minutes of the Energy from Waste - Waste
Management Advisory Committee dated March 25, 2021, be received for
information.
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General Government Committee Minutes April 19, 2021
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9.5 Minutes of the Ganaraska Region Conservation Authority dated March 18,
2021
Resolution # GG-292-21
That Communication Item 9.5, Minutes of the Ganaraska Region Conservation
Authority dated March 18, 2021, be received for information.
9.6 George Acorn, Director and Lee-Ann Reck, Manager, Client Services,
Community Services, Regarding Resolution #GG-163-21 Youth
Engagement in Clarington
Resolution # GG-293-21
That Communication Item 9.6, George Acorn, Director and Lee -Ann Reck,
Manager, Client Services, Community Services, Regarding Resolution #GG-163-
21 Youth Engagement in Clarington, be received for information.
9.1 Minutes of the Historic Downtown Bowmanville Business Improvement
Area dated March 9, 2021
Resolution # GG-294-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That Communication Item 9.1, Minutes of the Historic Downtown Bowmanville
Business Improvement Area dated March 9, 2021, be received for information.
Carried
9.3 Minutes of the Orono Business Improvement Area dated March 11, 2021
and April 8, 2021
Resolution # GG-295-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That Communication Item 9.3, Minutes of the Orono Business Improvement Area
dated March 11, 2021 and April 8, 2021, be received for information.
Carried
9.7 Stephen Brake, Director of Public Works, Regarding Resolution #GG-261-
21 Courtice Shores Drive and Parking Lot
Resolution # GG-296-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Communication Item 9.7, Stephen Brake, Director of Public Works,
Regarding Resolution #GG-261-21 Courtice Shores Drive and Parking Lot, be
referred to Staff.
Carried
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General Government Committee Minutes April 19, 2021
8
10. Communications – Direction
Item 10.1 was removed from the agenda during Item 4, Adoption of the Agenda.
10.2 Jeff Solly, Tribute (Prestonvale) Limited, Regarding an Unopened Road
Allowance Between Lots 34 and 35, Concession 1, Former Township of
Darlington
Resolution # GG-297-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Communication Item 10.2, Jeff Solly, Tribute (Prestonvale) Limited,
Regarding an Unopened Road Allowance Between Lots 35 and 35, Concession
1, Former Township of Darlington, be referred to Staff.
Carried
The Committee recessed for their one hour scheduled break in accordance with
the Procedural By‑law.
The meeting reconvened at 1:00 p.m. with Mayor Foster in the Chair.
8. Delegations
8.2 Raivo Uukkivi, Cassels Brock and Blackwell LLP, Regarding Item 15.2,
Report LGS-016-21 On-Farm Special Event Licensing By-law
Raivo Uukkivi, Brock and Blackwell LLP, was present via electronic means and
agreed with the recommendation to remove Sections 2.6 to 2.9 in the proposed
by-law and believes it is the appropriate approach as it gives Staff and Council
an opportunity to work with each application separately.
11. Presentations
12. Public Works Department Reports
Councillor Hooper chaired this portion of the meeting.
12.1 PWD-021-21 Proposed Amendments to Traffic By-law 2014-059
Resolution # GG-298-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That Report PWD-021-21 be received; and
That the By-law attached to Report PWD-021-21, as Attachment 1, be approved.
Carried
13. Emergency and Fire Services Department Reports
14. Community Services Department Reports
Page 12
General Government Committee Minutes April 19, 2021
9
15. Legislative Services Department Reports
Councillor Jones chaired this portion of the meeting.
Item 15.2 was dealt with earlier in the meeting after Item 8.8.
15.1 LGS-015-21 Retiree Health Benefits
Resolution # GG-299-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report LGS-015-21 be received for information.
Carried
16. Financial Services Reports
Councillor Neal chaired this portion of the meeting.
16.1 FSD-020-21 Emergency Tree Pruning Removal & Hydro Line Clearing
Registry
Resolution # GG-300-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That Report FSD-020-21 be received;
That Asplundh Canada ULC, Cressman Tree Maintenance & Landscaping Ltd.,
Davey Tree Expert Co. of Canada Limited, Ontario Line Clearing & Tree Experts
Inc. and Rockwood Tree Services Ltd. having met all terms, conditions and
specifications of CL2021-3 be awarded the contract for an initial three-year term
for the Emergency Tree Pruning Removal and Hydro Line Clearing Registry, as
required by the Public Works Department;
That pending satisfactory performance, the Purchasing Manager, in consultation
with the Director of Public Works be given the authority to extend the registry
contract for up to two additional one-year terms;
That the estimated funds required for the first-year term in the amount of $80,000
(Net HST Rebate) be funded by the Municipality as provided. The funds required
for the second-year term and the third-year term in the estimated amount of
$160,000 (Net HST Rebate) will be included in future budget accounts. The
funding required for the initial one-year term will be funded from the following
account:
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General Government Committee Minutes April 19, 2021
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Description Account Number Amount
Parks/Forestry/Contracting 100-36-325-10215-7163 $80,000
That all interested parties listed in Report FSD-020-21 and any delegations be
advised of Council’s decision.
Carried
17. CAO Office Reports
18. New Business – Consideration
19. Unfinished Business
19.1 Delegation of Janet Moher, Regarding a Request for a By-law to Regulate
Feeding Seagulls
Resolution # GG-301-21
Moved by Councillor Jones
Seconded by Councillor Neal
That Item 19.1, Delegation of Janet Moher, Regarding a Request for a By-law to
Regulate Feeding Seagulls, be received with thanks.
Carried
20. Confidential Reports
Closed Session
Resolution # GG-302-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
The "closed" session was convened in accordance with Section 239(2) of the
Municipal Act, 2001, as amended, for the purpose of discussing the following:
a matter that deals with personal matters about an identifiable individual,
including municipal or local board employees;
a proposed or pending acquisition or disposition of land by the municipality or
local board; and
a matter that deals with labour relations or employee negotiations
Carried
20.1 CAO-002-21 Potential Land Disposition
20.2 Confidential Memo from Andy Allison, CAO, Regarding a Human
Resources Matter
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General Government Committee Minutes April 19, 2021
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20.3 Confidential Resolution CGG-006-21, Regarding a Human Resources Matter
(Referred from the March 29, 2021 General Government Committee
Meeting)
Rise and Report
The meeting resumed in open session at 2:15 p.m.
Councillor Neal left the meeting.
Mayor Foster advised that three items were discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions
were passed to provide direction to staff and one procedural resolution was
passed.
21. Adjournment
Resolution # GG-303-21
Moved by Councillor Hooper
Seconded by Councillor Jones
That the meeting adjourn at 2:16 p.m.
Carried
Page 15
1
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Special General Government Committee
Minutes
Date:
Time:
Location:
April 22, 2021
6:00 PM
Council Members (in Chambers or MS Teams) | Members of
the Public (MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill,
Councillor M. Zwart
Staff Present: A. Allison, J. Newman, L. Patenaude, R. Maciver, R. Windle
Other Staff Present: A. Burke, F. Langmaid
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 6:00 p.m.
2. Land Acknowledgement Statement
Councillor Zwart led the meeting in the Land Acknowledgement Statement.
3. Declaration of Interest
There were no disclosures of interest stated at this meeting.
4. Confidential Matter
Closed Session
Resolution # GG-304-21
Moved by Councillor Anderson
Seconded by Councillor Jones
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing:
a matter that deals with litigation or potential litigation, including matters
before administrative tribunals, affecting the municipality or local board; and
a matter that deals with advice that is subject to solicitor-client privilege,
including communications necessary for that purpose.
Carried
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Special General Government Committee Minutes of April 22, 2021
2
4.1 Confidential Litigation Matter Related to the Proposed Anaerobic Digestor
Dispute
Rise and Report
The meeting resumed in open session at 7:19 p.m.
Mayor Foster advised that one item was discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001, as amended, and no
resolutions were passed.
5. Adjournment
Resolution # GG-305-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That the meeting adjourn at 7:20 p.m.
Carried
Page 17
Transformative Change. Education. Community. Wellness. Consciousness.
www.adulamfoundation.org
To Whom It May Concern:
RE: Proposal for Ecological Project
Planning and Development Services:
Adulam Foundation is an incorporated non-profit organization that commits to fostering
transformative change for the betterment of individuals, families and communities
through service delivery, education and promoting active participation while enhancing
the lived experiences of the communities served- Including, environmental
beautification and art-based activities. Adulam Foundation believes in civic improvement
through a wide array of areas.
Adulam Foundation is proposing an Ecological Project that both protects and enhances
natural areas and greenspaces, supports conservation efforts, develops adaptation
strategies, and promotes the importance of healthy natural spaces for future
generations to use and enjoy. Adulam Foundation is seeking to take meaningful action
to protect and preserve natural environments through an innovative project that will
impact communities and enhance the well-being of civilians.
The proposed project is centered in wellness through creating an environment and
ecological infrastructures, where Ecotherapy amongst other eco programming activities
to connect to nature can take place. Ecotherapy has many benefits for society and its
civilians as time in natural spaces strengthens neighborhood ties, reduces crime,
stimulates social interactions among children, strengthens family connections,
decreases domestic violence, assists new immigrants cope with transition, it is cost
effective for health benefits, and allows for those who have struggled with mental health
(Covid-19) or life experiences gain skills that they can use within future employment
opportunities. Having an ecological infrastructure on a land where nature thrives and
can be cared for, where ecotherapy can occur, is an impactful investment to community.
Page 18
Transformative Change. Education. Community. Wellness. Consciousness.
www.adulamfoundation.org
The infrastructures will be sustainable and have Eco-friendly features such as
incorporating solar power, wind electricity as well as a water energy generator
component. The infrastructure itself will be made out of repurposing shipping containers
and incorporating a roof top garden and bird feeders on the shipping containers. A key
component in the proposed project is sustainability of the environment- compost and
organics initiatives and waste management programming, incorporating recycling,
reusing, repurposing, and reducing waste to foster conservation of the environment.
Community members/civilians will have access to an alternative environment where
children, families, schools, seniors, and vulnerable peoples can engage in their well-being
through adventures, animal assisted interventions, care farming, environmental
conservation, green gyms and green exercising, nature arts and crafts, wilderness
exploration and wandering, meditation, bird watching, horticultural engagement, trails
and bike riding amongst other activities under Ecotherapy at an affordable cost.
Participation of the local government would be a highly valued addition to our project,
as assigned city/town staff can be active participants in the form of: involvement in the
Board of directors, project meetings, project management support, review of project
deliverables to ensure accuracy with zoning and protecting the environment, advice on
policy and environment, and linkages to a wide variety of environmental experts.
At this stage we are reaching out to connect and to receive your support in the form of
providing us with information on availability of lands and lots in your municipality. This
is an investment in community and a project that Adulam Foundation is very eager to
execute.
We look forward to hearing from your representatives about any land, lots, or interests
in our proposed project.
Thank you,
Page 19
Transformative Change. Education. Community. Wellness. Consciousness.
www.adulamfoundation.org
Best Regards,
Adulam Foundation Team
--
Contact Information:
admin@adulamfoundation.org
Mail Box Address: 504-1286 Islington Ave. M9A 3K1, Etobicoke ON
Contact Person: Daniela Glaser, Executive Director 647-446-9869
Page 20
Newcastle BIA MINUTES April 8, 2021
www.villageofnewcastle.ca
Attendance: Janeen Calder, Marni Lewis, Jane Black, Councillor Marg Zwart, Theresa
Vanhaverbeke, Tracey Yates, Adam Jeronimo-CBOT, David Duhaney
Regrets: Donna Wood, Greg Lewis, Helen Vatandoust, Councillor Granville Anderson
1.Meeting called to order at 9:02 a.m.
2.Approval of March Minutes
Motion by: Jane Black Seconded by: Janeen Calder Carried
3.Business Arising from Minutes: n/a
4.President’s Report n/a
5.Treasurer’s Report:
The bank balance is $91,838.91. That includes our 2021, $40,000 Tax Levy
and $25,000 for the new Christmas street lights.
6. Council Report:
Council will be deciding on the Social Media contract at the Monday, April
12th Council meeting. Send Marg any contacts we have for the social media
position. We are going to add the Street Scape to the Agenda to keep it at
the top of mind.
7. Committee Reports:
Safety & Decor:
New banners have been ordered from James Printing. Our community
volunteer Pat and team have planted flowers in the boxes at Beaver St.
Advertising:
Donna’s last day with the BIA is May 31st. Thanks to everyone, thanks to the
BIA.
Website stats
Village of Newcastle - 1017 views last month
Page 21
Business Directory - 21 views
Contact Page - 20 views
Wongs Palace - 12 views
Community Hall - 11 views
BIA - 10 views
Special Events:
a) Town Hall Lighting - It was mentioned that we request if the MOC could
cover the costs of lighting the Town Hall. Marg suggested that something
in writing be sent with our request.
b) Breakfast with Santa- Potentially November 27th
c) Santa Parade - Jane is speaking with the Police and right now there are
no plans for any outdoor events in Durham and no road closures are yet
allowed for the foreseeable future. In order to have an outdoor event with
Town permits, the DRPS have to give permission first.
d) Harvest Festival - n/a
e) Easter Scavenger Hunt -The scavenger hunt was a bust. 12 businesses
took part, it was more for adults that children. They ended up with 3 entries
and very few correct answers. The colouring contest was a hit, not many
entries but enough in each category to make it a contest.
8. CBOT:
Digital Main Street has been extended until June 4th. Our digital service
squad member, Tyler will be reaching out and is in the area to help with
websites, social media presence, E-commence and do an online audit to
what your business can use. Please feel free to contact us if you are
interested.
The Mayor’s Breakfast is April 23 via Zoom.
9. Chamber News: n/a
10. CIP: n/a
Page 22
11. New Business: n/a
12. Next meeting, Thursday, May 13th, 9:00am via ZOOM
13. Motion to adjourn meeting by Jane Black seconded by Theresa
Vanhaverbeke
Page 23
GANARASKA REGION CONSERVATION AUTHORITY
MINUTES OF THE BOARD OF DIRECTORS
April 15, 2021 (via Zoom)
GRCA 02/20
1. Welcome and Call to Order
The Chair called the Ganaraska Region Conservation Authority (GRCA) Board of
Directors meeting to order at 7:15 p.m.
MEMBERS PRESENT: Jeff Lees, Chair - Municipality of Port Hope
Mark Lovshin, Vice Chair - Township of Hamilton
Nicole Beatty - Town of Cobourg
Tim Belch - Township of Cavan Monaghan
Brian Darling - Town of Cobourg
Greg Booth - Township of Alnwick/Haldimand
Vicki Mink - Municipality of Port Hope
Joe Neal - Municipality of Clarington
Tracy Richardson - City of Kawartha Lakes
Margaret Zwart - Municipality of Clarington
ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer
Cory Harris, Watershed Services Coordinator
Ken Thajer, Planning and Regulations Coordinator
Members of the public
ABSENT WITH
REGRETS:
ALSO ABSENT:
2. Disclosure of Pecuniary Interest
None.
3. Minutes of Last Meeting
GRCA 10/21
MOVED BY: Tracy Richardson
SECONDED BY: Mark Lovshin
THAT the Ganaraska Region Conservation Authority approve the minutes of the March
18, 2021 meeting.
CARRIED.
Page 24
Minutes GRCA Board of Directors 02/21 Page 2
4. Adoption of the Agenda
GRCA 11/21
MOVED BY: Nicole Beatty
SECONDED BY: Brian Darling
THAT the Ganaraska Region Conservation Authority adopt the agenda.
CARRIED.
5. Delegations
None.
6. Presentations
a) Natural Hazards Presentation Series – Part 4: Wetlands
Staff provided an information session on natural hazards regulated under the
Conservation Authorities Act and focused this month’s talk on wetlands. Ken Thajer,
Planning and Regulations Coordinator, provided the definition of wetlands under the
Provincial Policy Statement and Section 28 of the Conservation Authorities Act and spoke
with regards to restrictions for development in wetland areas. He spoke about the
presence of hydrophytic plants and hydric soils in wetlands as well as other indicators as
per the Province’s wetland evaluation system. The types of wetlands were also described:
swamps, marshes, bogs, fens and coastal wetlands. Cory Harris, Watershed Services
Coordinator, explained the benefits of wetlands as natural infrastructure and highlighted
the important functions that wetlands provide such as ecosystem services and flood
mitigation as well as their increasingly important role is assisting communities as they
adapt to a changing climate.
Nicole Beatty asked a question with regards to wetlands and W est Nile Virus. Staff stated
that of the 57 mosquito species occurring in Ontario, only a small number of species are
capable of transmitting West Nile Virus and wetlands do not typically provide habitat for
these vector species. They are found in more urban environments and typically breed
within areas such as old tires, flowerpots, catch basins, uncleaned eavestroughs, etc.
GRCA 12/21
MOVED BY: Nicole Beatty
SECONDED BY: Mark Lovshin
THAT the Board of Directors receive the presentation for information.
CARRIED.
7. Business Arising from Minutes
None.
8. Correspondence
a) 03/21 Lynch Rutherford Tozer (confidential)
GRCA 13/21
MOVED BY: Brian Darling
SECONDED BY: Vicki Mink
Page 25
Minutes GRCA Board of Directors 02/21 Page 3
THAT the Board of Directors received for the correspondence for information.
CARRIED.
9. Applications under Ontario Regulation 168/06:
Permits approved by Executive:
GRCA 14/21
MOVED BY: Greg Booth
SECONDED BY: Vicki Mink
THAT the Board of Directors receive the permits for information.
CARRIED.
Permit Application requiring Ganaraska Region Conservation Authority Board of Directors
discussion:
None
10. Committee Reports:
Tracy Richardson, Board of Directors representative on the Ganaraska Forest
Recreational Users Committee, presented the minutes of the April 1, 2021 meeting.
There was a brief discussion with regards to the City of Kawartha Lakes Off Road
Vehicles Task Force.
GRCA 15/21
MOVED BY: Nicole Beatty
SECONDED BY: Brian Darling
THAT the Ganaraska Forest Recreational Users Committee minutes of the April 1, 2021
meeting be received for information.
CARRIED.
11. New Business:
None.
12. Other Business
Joe Neal brought forward a concern with regards to the kiosk and purchasing day passes
as well as fallen trees in the Ganaraska Forest blocking trails. The CAO/Secretary-
Treasurer addressed his concerns with regards to the trees stating that staff are removing
dead ash trees and other identified hazard trees in the Conservation Areas. It was further
identified that the trees in the forest are also being removed and it was requested if the
specific location of the fallen trees is forwarded to staff, these will be addressed. Staff
requested further information with regards to the concerns with the kiosk.
13. In Camera
None.
Page 26
Minutes GRCA Board of Directors 02/21 Page 4
14. Adjourn
The meeting adjourned at 8:03 p.m. on a motion by Nicole Beatty
__________________________ ____________________________
CHAIR CAO/SECRETARY-TREASURER
Page 27
April 28, 2021
RE: Opening Outdoor Recreational Amenities
Dear Mayor Foster and Members of Clarington Council,
After discussions at our April 23 meeting and following an online vote , Clarington Youth Council
unanimously passed the following motion:
WHEREAS recent amendments to Ontario Regulation 82/20 under the Reopening Ontario
Act, 2020 have closed outdoor recreational amenities, such as baseball diamonds, soccer
fields, tennis courts, basketball courts, parks, and picnic sites; and
WHEREAS scientific evidence has shown that the risk of outdoor transmission of COVID -19 is
substantially lower than transmission in indoor settings; and
WHEREAS Ontario’s COVID-19 Science Advisory Table has reaffirmed that “limiting mobility”
means restricting movement between regions, not discouraging safe outdoor activities; and
WHEREAS lockdown measures have negatively impacted the mental and physical health of
all individuals, particularly the health of young people; and
WHEREAS restrictions on public outdoor amenities disproportionally affect low-income
youth who may lack access to adequate greenspace.
THEREFORE BE IT RESOLVED THAT the Clarington Youth Council urge the Government of
Ontario to allow reasonable outdoor recreational amenities to open, pr ovided that only
members of the same household may use the amenity in close proximity and different
households using the same amenity must be physically distanced.
BE IT FURTHER RESOLVED THAT a copy of this motion be forwarded to Premier Doug Ford,
MPP Lindsey Park, MPP David Piccini, and the Municipality of Clarington.
Thank you for your consideration and if you have any questions, please feel free to contact us .
Best regards,
Tenzin Shomar
Executive Director, Clarington Youth Council
Email: claringtonyc@gmail.com
Page 28
TOWN OF AJAX
65 Harwood Avenue South
Ajax ON L1S 3S9 www.ajax.ca
_______________________________________________________________________________
Hon. Caroline Mulroney
Ministry of Transportation
5th Floor, 777 Bay St.
Toronto, ON M7A 1Z8
caroline.mulroneyco@pc.ola.org
Sent by E-Mail
April 20, 2021
Re: Removing 412/418 Tolls
The following resolution was passed by Ajax Town Council at its meeting held April 19, 2021:
WHEREAS Highways 412 and 418 in Durham Region are the only north-south connector roads tolled
between Highways 407 and 401, but function in much the same way as non-tolled connector roads
in the west end of Toronto and the Greater Toronto and Hamilton Area like Highways 403, 410 and
427;
AND WHEREAS these north-south connections are critical to the timely flow of goods and people
across the GTHA, but the current tolling system only in Durham Region creates inequality between
east and west GTHA residents and their ability to access alternative express routes, and forces many
onto local and regional roads like Lakeridge Road between Ajax and Whitby, which are not designed
to handle current levels of traffic;
AND WHEREAS removing the tolls was a top election issue in 2018, but no final decisions have
been made or action taken to move forward in a timely way with MPP French’s Bill 43, The Freeing
Highways 412 and 418 Act (first introduced in the Legislature in October 2018 and referred to the
Standing Committee on Finance and Economic Affairs in November 2020) to remove tolls on these
roads;
NOW THEREFORE BE IT RESOLVED THAT:
1. Ajax Council acknowledges and thanks the Province of Ontario for freezing current toll rates
as the tolling decision is reconsidered and requests that this freeze continue until a final
decision is made;
2. Ajax Council urges the Minister of Transportation to immediately remove the tolls on Highways
412 and 418 to ensure equal access to north-south express connections in Durham Region;
3. Ajax Council thanks MPP French for her ongoing advocacy on this matter; and
Page 29
4. This motion be distributed to Hon. Caroline Mulroney, Minister of Transportation; MPP Rod
Phillips; MPP Jennifer French; Regional Chair John Henry; and all Durham Region
municipalities.
If you require further information please contact me at 905-619-2529 ext. 3342 or
alexander.harras@ajax.ca.
Sincerely,
Alexander Harras
Manager of Legislative Services/Deputy Clerk
Copy: Councillor R. Tyler Morin
Councilllor Khan
MPP Rod Phillips
MPP Jennifer French
Chair John Henry
All Durham Region municipalities
Page 30
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: General Government Committee
Date of Meeting: May 10, 2021 Report Number: PWD-022-21
Submitted By: Stephen Brake, Director of Public Works
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: By-law Number:
Report Subject: Postal Box Garbage Cans and Municipal Property Pet Waste Fines
Recommendations:
1. That Report PWD-022-21 be received;
2. That the installation of garbage cans at postal boxes (super mailboxes) not be
supported;
3. That, as necessary, Public Works Staff continue to respond to litter and illegal
dumping complaints at super mailboxes; and
4. That the current fines for depositing dog waste on Municipal property remain
unchanged.
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Municipality of Clarington Page 2
Report PWD-022-21
Report Overview
Report PWD-022-21 addresses Council resolution #GG-070-21 that was carried at the
regular General Government Committee Meeting held on January 25, 2021. Th e resolution
provided direction for staff to report back on the installation of garbage cans at postal boxes
and that staff also review the fines for the illegal depositing of dog waste on municipal
property. This report provides Council with the findings of staff’s investigation into these
particular matters.
1. Background
1.1 Concerns have existed with increased litter and illegal dumping at super mailbox
locations since the date of their initial inception. Although numerous municipalities have
made requests for Canada Post to provide assistance to deal with these issues, the
Crown Corporation has not offered any specific action to date.
1.2 Litter and illegal dumping at super mailbox locations typically includes the discarding of
unsolicited admail and invariably dog waste that some residents choose not to take
home with them for proper disposal in the regular recycling or garbage waste streams.
1.3 Canada Post officials suggest that residents should let them know if they do n’t want to
receive junk mail. Customers should place a note in or on their mailbox stating not to
deliver flyers, catalogues, etc. For any other unwanted pieces of mail that are received,
Canada post is encouraging residents to take it home with them for recycling.
2. Discussion
2.1 On occasion, resident complaints are received by the Public Works Department
regarding the amount of litter and illegal dumping around Canada Post super mailboxes.
The Departments database indicates that on average a couple of complaints are logged
each year.
2.2 The two service requests that were received in 2020 required that staff remove a non-
municipal garbage can that was overflowing and not being maintained, while the other
included the pick-up of illegally dumped items such as a vacuum cleaner. In 2021, only
one complaint has been received to date that involves the illegal dumping of litter and
dog waste at a super mailbox location in the Yorkville Drive and Granville Drive area of
Courtice. It has been noted that due to the consistent type, size and colour of th e dog
waste bags at this location it may be possible that the illegal dumping is being caused
by the egregious behaviour of only one pet owner. Photos of this specific complaint are
provided in Figures 1 and 2 below.
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Municipality of Clarington Page 3
Report PWD-022-21
Figure 1: Litter and Pet Waste
Figure 2: Litter and Pet Waste
2.2 At present, there are approximately 1,032 super mailbox locations within the
Municipality of Clarington. While the majority of these units are situated in the main
urban areas of Courtice, Bowmanville, Newcastle and Orono, there are still many that
exist in the rural Hamlets and other remote areas.
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Municipality of Clarington Page 4
Report PWD-022-21
2.3 The installation of a garbage collection container at each of the super mailbox locations
would ultimately result in the creation of a new labour intensive level of service. In order
for the program to be properly managed additional capital, staffing and equipment
resources will be required. Details on the associated costs to provide this program are
outlined in Section 4, Financial Implications, later in this report.
2.4 For comparison purposes, the Public Works Department, Parks Section, services
approximately 350 garbage cans that are located in open space areas and along trails
during the busy Spring, Summer and Fall Seasons. Some priority locations such as
East Beach Park, Clarington Fields, Bowmanville Valley’s 2000 and the W aterfront
Beach areas of the Municipality require that cans be serviced multiple times each day.
This level of service has become even more prevalent during the Covid-19 pandemic as
an increasing number of Clarington residents and also visitors from abroad are getting
outdoors and visiting the park areas.
2.5 The workplan that has been developed to collect the Parks garbage containers requires
a total of four staff members. Defined routes have been established for the program
that requires garbage collection eight hours a day during the weekdays while on
weekends there are two consecutive shifts for a total of sixteen hours a day.
2.6 The addition of 1,032 super mailbox locations to the existing garbage collection program
will not be sustainable or effective without a considerable increase in resources.
Ultimately, garbage collection from super mailboxes will require that each location
receive service at least once a week.
2.7 Based on the metrics that are known from the current Parks garbage collection
program, it can be estimated that a maximum of 80 garbage cans could be collected
each day. This service level takes into account travel time, weight and capacity of
containers, clean-up of spilled garbage, off-loading, etc. At this rate, the program would
take one full-time employee an estimated thirteen days to complete the entire
Municipality. To provide the collection program during only weekday regular hours an
additional 2.6 full-time staff members would be required along with the acquisition of
suitable garbage collection equipment.
2.8 Assigning the collection of garbage from the super mailbox locations to the duties of
other Public Works staff as they travel to and from their respective work sites would
prove very inefficient and unreliable. The new service ultimately requires the
establishment of dedicated routes and equipment to ensure that collection is not
missed, and containers are emptied on a regular basis.
2.9 Given that a large majority of the material captured in the garbage collection containers
will be paper based admail the collection program should ideally be implemented as a
recycling program to be environmentally conscious.
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Municipality of Clarington Page 5
Report PWD-022-21
3. Benchmarking
3.1 Municipalities within Durham Region and throughout the Greater Toronto Area (GTA)
typically do not provide any type of waste collection from super mailbox locations.
Exceptions to the rule, however, include the City of Markham, City of Brampton and the
City of Richmond Hill that have installed recycling containers to capture unsolicited
admail from the super mailboxes.
3.2 The containers used by the City of Markham are regular blue boxes that are not
anchored to the ground. As a result, materials could get blown around or the blue
boxes may routinely go missing. During the winter months the blue boxes may also get
filled or buried with snow. As can be seen in Figure 3 below, this type of installation
may only further exacerbate an existing problem.
Figure 3: Blue Box Collection of Recyclable Admail
3.3 In 2013, the City of Richmond Hill began a pilot project whereby 92 permanent outdoor
recycling containers were installed at super mailbox locations on concrete pads. By
2019, the number of locations was expanded to 210 and another 47 requests for
containers have since been received. The permanent installations provided by the City
of Richmond Hill can be seen in Figure 4 below.
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Municipality of Clarington Page 6
Report PWD-022-21
Figure 4: Richmond Hill Super Mailbox Recycling Pilot
3.4 Monitoring of the recycling material collected by the City of Richmond Hill from the 210
locations has shown that contamination has been a problem at some locations.
Contamination typically includes household garbage as well as organics and pet waste.
In addition, since the start of the COVID-19 pandemic, it has also been observed that
gloves, masks and wipes are being disposed of in the recycling containers. This
potentially creates a health and safety concern for the collection and sorting staff who
have to manually remove the contamination. An increase in illegal dumping has also
been reported at super mailbox locations where a recycling container is now present.
3.5 An analysis completed by the City of Richmond Hill suggests that the majority of super
mailbox locations do not have a recurring litter issue and therefore do not require a
recycling container. As a result of these findings, and also the contamination issues that
have been experienced to date, staff of the City of Richmond Hill have recently
recommended to their Council that additional recycling containers should not be
installed.
4. Recycling Program Changes
4.1 The provision of curbside waste collection in Clarington is currently the responsibility of
the Region of Durham. This service includes the source separated pickup of garbage,
recyclables and organics.
4.2 For this reason, consultation has occurred with Regional staff respecting the opportunity
to request their support for a Canada Post recycling collection initiative.
4.3 The Region of Durham is unfortunately unable to commit to such a program at this time
due to the pending transition of the Blue Box program from municipalities to full
producer responsibility as early as 2023. In effect, any initiative started now would most
likely have to be cancelled in 2-3 years since the service is not considered in the draft
Blue Box regulation. When the regulation comes into effect, the Region of Durham will
no longer be responsible for recycling collection or the processing of materials.
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Municipality of Clarington Page 7
Report PWD-022-21
4.4 The Region has, however, committed to looking at integrating messaging in their varied
communication programs about preventing litter at Canada Post mailbox locations.
5. Financial Implications
5.1 The implementation of waste or recycling collection containers at Canada Post super
mailbox locations will have considerable cost implications. Based on the experience
from the City of Richmond Hill, the capital cost to purchase a recycling container and to
install it on a concrete pad is approximately $1,200 per location.
5.2 Based on Clarington’s existing inventory of 1,032 super mailboxes the total estimated
capital cost to set-up this service throughout the municipality would be in excess of $1.2
million dollars.
5.3 Additional costs would also be incurred to acquire three new Haul-All garbage trucks at
an estimated price of $160,000 each and to hire three staff labourers at $60,000 each.
6. Enforcement of Illegal Dog Waste
6.1 Clarington’s Responsible Pet Owners’ By-law 2013-024 requires under Section 3.23
that every pet owner shall immediately remove and dispose of, in a hygienic manner, all
excrement left by the pet on any property, other than the owner’s property.
6.2 Section 4.28 of the by-law identifies that every person who contravenes any provision of
the by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the
provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33.
6.1 At this time, Clarington’s set fine for owner’s not “stooping and scooping” pet waste is
$150. This amount is in proportion to the rates of other municipalities in Durham Region
with fines ranging from $125 in Oshawa and Pickering, to $200 in Whitby and Uxbridge.
6.2 The stoop and scoop regulation of the by-law can be very difficult to enforce regardless
of the set fine that’s in effect. It is common practice that pet owners normally commit
the offence when nobody is watching.
6.3 Consultation has occurred with staff in Clarington’s By-law Services Section who do not
recommend or support a change in the fine structure for non-compliance with the stoop
and scoop, Section 3.23, of the by-law.
7. Concurrence
This report has been reviewed by the Director of Legislat ive Services & Municipal
Solicitor who concurs with the recommendations.
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Municipality of Clarington Page 8
Report PWD-022-21
8. Conclusion
The Public Works Department has responded to litter complaints at super mailbox
locations since they were first introduced by Canada Post. Staff’s experience with the
number of complaints logged, however, is very minimal which suggests that the problem
is not systemic. It would appear that most residents in Clarington are respectful of
maintaining the cleanliness of their neighbourhood and as a result they take unwanted
admail home for recycling. In addition, it also appears that most residents do not
illegally deposit pet waste on municipal property at these locations.
In light of the financial impacts that would be incurred to establish a garbage or
recycling collection program at Canada Post mailbox locations, as well as the
contamination issues and increase in illegal dumping problems that are expected to
occur, it is respectfully recommended that the program not be supported.
Litter and illegal dumping complaints around super mailbox locations can continue to be
handled effectively through a combination of staff clean-ups, resident education and
enforcement of littering and illegal dumping.
Staff Contact: Stephen Brake, Director of Public Works, 905-623-3379 extension 2903 or
sbrake@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 38
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: General Government Committee
Date of Meeting: May 10, 2021 Report Number: CSD-002-21
Submitted By: George Acorn, Director of Community Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: By-law Number:
Report Subject: Symbols of Hate – Anti-Racism and Symbols of Hate
Recommendations:
1. That Report CSD-002-21 be received;
2. That Clarington Council, in recognition of the power that symbols can have on the
psychology and well-being of community members, request that the Association of
Municipalities of Ontario (AMO) petition the Provincial Government on behalf of
Ontario municipalities to enact legislation that would enable municipalities to make
enforceable decisions regarding symbols deemed unacceptable by the local
community. Such consideration to also include a review of statutes where hate
speech and symbols may be identified as illegal;
3. That the Municipality of Clarington, as a member of the Federation of Canadian
Municipalities (FCM), support the Town of Collingwood’s motion for FCM to
advocate to the Federal Government in the development of legislation that would
clarify and strengthen the definition of hate speech and symbols, including explicit
recognition of the psychological harm that can be caused by hateful symbols, and
work with all levels of government in addressing the root causes of hate speech;
4. That this motion be forwarded to AMO and FCM as well as our local area Members
of Parliament and Members of Provincial Parliament for their information;
5. That the Diversity Advisory Committee, in partnership with staff, be directed to
prepare an anti-racism policy that would apply to all staff, Members of Council, and
all visitors to municipal-owned facilities and spaces. The Anti-Racism Policy would
make clear the Municipality’s expectation of tolerance for those working at and using
Municipal-owned facilities and spaces. This Policy can be displayed at all facilities so
that users are aware of the expectations under the Policy and the consequences for
not adhering to it;
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Municipality of Clarington Page 2
Report CSD-002-21
6. That once these action items are approved for direction, the Mayor and Members of
Council of the Municipality of Clarington, in partnership with Clarington’s Diversity
Advisory Committee, release an Official Statement to share some context about this
issue and demonstrate how we are working together to promote a community where
every individual regardless of race, ethnic origin, gender identity or sexual
orientation is welcome and racism, discrimination, intolerance and the promotion of
hatred through symbols or statements have no place in our community; and
7. That all interested parties listed in Report CSD-002-21 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 3
Report CSD-002-21
Report Overview
Since July 2020, as the result of an incident of display of the Confederate flag in our
community, staff, Council and Clarington’s Diversity Advisory Committee have been
investigating ways to address symbols of hate in our community. Symbols of hate repre sent
an ideology of superiority of one group of people over another, which further marginalizes
disadvantaged groups and has a devastating impact on families and communities.
As a result of that work, this report shares five actionable recommendations, as identified in
the recommendation section, by Clarington’s Diversity Advisory Committee. The Committee
asks that these actions be considered in order to further address racism and discrimination,
including the display of symbols of hate, in our community.
1. Background
1.1 In July 2020, through Resolution #GG-246-20, Council directed staff to develop a
protocol to prohibit symbols of hate and racial intolerance in our community; and that the
Diversity Advisory Committee be consulted in the development of this protocol.
1.2 A staff report, LGL-007-20, was prepared with some recommendations for Council’s
consideration in September 2020. Through Resolution #GG-336-20, this report was
referred to Clarington’s Diversity Advisory Committee.
1.3 As a result, Clarington’s Diversity Advisory Committee recommended that an
amendment be made to the Sign By-law to prohibit the public display of symbols of hate
within the Municipality of Clarington and that a joint Official Statement by the Mayor and
Members of Council in partnership with the Diversity Advisory Committee condemning
symbols of hate in our community be released.
1.4 The recommendation to amend the Sign By-law was forwarded to the Region of
Durham’s new Diversity, Equity, and Inclusion group for comments through Resolution
#GG-469-20. This group has been recently formed and we are still waiting for
comments or direction on this issue.
1.5 Through consultation to develop the proposed joint statement, the Diversity Advisory
Committee expressed the shared opinion that any statement that was released should
be supported with actionable items to demonstrate a commitment to the message of the
statement.
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Municipality of Clarington Page 4
Report CSD-002-21
1.6 After reviewing their recommendations, Council directed the Diversity Advisory
Committee through Resolution #GG-181-21 to provide recommended action items that
could be implemented (as contained in this report) to support the message of
condemning symbols of hate in our community while we await comments from the
Region of Durham.
2. Recommended Action Items
2.1 At their February 2021 meeting, Clarington’s Diversity Advisory Committee voted to
form a working group to develop proposed action items to bring back to the Diversity
Advisory Committee at their March 2021 meeting.
2.2 This working group reviewed a scan of other municipalities to see w hat had been done
and made a list of best practices. The working group also looked for opportunities to
recommend action items that fall within the Municipality’s scope and area of
responsibility.
Provincial and Federal Support
2.3 It was found that many municipalities are struggling with the definition of a symbol of
hate and have questions surrounding their ability to enforce any public displays of these
symbols, particularly on private property.
2.4 One challenge that has been identified by municipalities is the lack of ability to enforce
decisions regarding the display of symbols of hate. The Province of Ontario can create
legislation that would support this function at the municipal level.
2.5 Another challenge that has been raised is the lack of definition of symbols of hate. Hate
activity is referenced in the Canadian Charter of Rights and Freedoms as well as the
Canadian Criminal Code, however there is not a clear definition of what constitutes a
symbol of hate.
2.6 To clarify and provide authority to municipalities, the Town of Collingwood, City of
Brampton and others have urged the Association for Municipalities of Ontario (AMO)
and the Federation of Canadian Municipalities (FCM) to advocate to the provincial
(AMO) and federal (FCM) levels of government for direction and changes in the matter
surrounding symbols of hate.
2.7 To leverage these existing initiatives, the Diversity Advisory Committee is
recommending that the Council of the Municipality of Clarington join the efforts of other
municipalities and communicate our desire for defined changes with respect to
legislation and definitions related to symbols of hate.
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Anti-Racism Policy
2.8 Various municipalities across Ontario, and Canada, are currently looking for ways to
address the display of symbols of hate. Many are looking to adopt anti-racism policies
(including the City of Toronto, the Township of Uxbridge and Perth County) that address
and respond to community racism, to ensure that individuals and groups are not
disadvantaged because of their race.
2.9 An anti-racism policy would raise awareness about discrimination, addressing diversity
issues and anti-racism practices. The development of such a policy would be proactive,
with the goal of preventing discrimination and of creating a climate of understanding and
mutual respect.
2.10 The Diversity Advisory Committee would like to develop, in partnership with staff, an
anti-racism policy that would apply to municipal staff and volunteers, Members of
Council, Board and Committee members and all visitors to municipally owned facilities
and spaces. This policy would demonstrate that racial discrimination and harassment of
community members visiting, and staff working in our buildings and spaces will not be
tolerated at any time.
Continued Collaboration
2.11 Clarington’s Diversity Advisory Committee will continue to pursue and engage in
meaningful discussions and collaborate with others on anti-racism and anti-
discrimination initiatives, such as:
Engage with the Region of Durham to discuss ways to consistently address issues
surrounding racism and discrimination, including symbols of hate, across all
municipalities in the Region;
Engage with Durham Regional Police Services to better understand hate symbols and
hate activity and how they are addressed in our community; and
Engage with local school boards to see if there are programs in place within the schools
that could be adapted for community education on matters surrounding bullying and
hate activity.
3. Concurrence
Not Applicable.
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4. Conclusion
It is respectfully recommended that the proposed recommendations as provided by
Clarington’s Diversity Advisory Committee are considered and endorsed by Council.
Staff Contact: Lee-Ann Reck, Manager, Client Services, 905-623-3379 ext. 2508 or
lreck@clarington.net.
Attachments:
Not Applicable
Interested Parties:
The following interested parties will be notified of Council's decision:
Clarington Diversity Advisory Committee
Association for Municipalities of Ontario
Federation of Canadian Municipalities
Local Members of Parliament and Members of Provincial Parliament
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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: General Government Committee
Date of Meeting: May 10, 2021 Report Number: CSD-003-21
Submitted By: George Acorn, Director of Community Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: By-law Number:
Report Subject: Future Indoor Recreation Facility
Recommendations:
1. That Report CSD-003-21 be received;
2. That Council provide direction on the preferred option and associated actions as
presented in this report:
Option 1 – Original Facility Plan and Location
That Council approve the proposed indoor recreation facility plan, as
recommended in Report CSD-009-19, to be located at the South Bowmanville
Community Park;
That Council approve the total project budget of $50,000,000 to be funded, as
recommended in Report FND-031-20 through debenture debt financing with
the Region of Durham;
That Council direct staff to issue a Request for Proposal (RFP) for the
architectural and engineering design for the new facility;
That staff report back to Council to present the final facility design for
approval; and
That, following design approval, staff issue a tender to prequalified general
contractors for the construction of the new recreation facility;
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Option 2 – Further Consideration of a Public – Private Partnership (P3)
That Council direct staff to issue an Expression of Interest (Market Sounding)
for the design, construction, financing, operation and maintenance of a new
recreation facility, to be located at the South Bowmanville Community Park;
and
That staff report back on the results of the Expression of Interest, as well as
providing the estimated costs for the provision of P3 advisory services and
independent financial and legal services that would be required to move
forward with a P3;
Option 3 – Consideration of an Alternate Location
That Council provide staff direction on a preferred location, as identified in this
report, or otherwise;
That staff be directed to prepare a conceptual facility design plan for the
preferred location;
That staff be directed to prepare a detailed project budget, for this location,
that would include design/engineering, project management, and construction
costs, as well as land acquisition and site servicing costs, if necessary;
That the Director of Financial Services prepare updated funding options for
Council’s consideration;
That Council approve the costs to prepare the conceptual plans and project
budget, not to exceed $25,000, which will be funded from the Community
Services Capital Reserve Fund;
That staff report back to Council, with the above noted information, this fall;
and
3. That all interested parties listed in Report CSD-003-21 and any delegations be
advised of Council’s decision.
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Report Overview
At the February 1, 2021 Special General Government Committee Meeting, Council directed
staff to undertake a request for information from qualified parties for Public-Private
Partnership (P3) opportunities and design build options for a proposed new recreation facility
or expansion. They also directed staff to consider potential alternative locations to the South
Bowmanville Recreation Centre site and propose possible components for this facility. Staff
have investigated the requests and the findings are outlined below.
To provide Council options for consideration, staff have identified four potential locations in
Bowmanville for siting a new indoor recreation centre. In addition to the originally proposed
location in south Bowmanville on Baseline Road, an expansion on the Garnet Rickard site
has also been identified. Two other possible locations include future Community Park sites
at Liberty Street and Concession Road 3 and Lambs Road and Concession Street.
This report also includes a summary of the recommendations that were included in the
Indoor Facilities Development Strategy that was presented , for information, to Council in
January 2017. This Strategy identified a comprehensive indoor facility expansion plan , that
would guide facility development, for the period 2016 - 2031. In addition to the South
Bowmanville project, major facility expansions were identified for South Courtice Arena,
Courtice Community Complex and Diane Hamre Recreation Complex (known then as
Newcastle & District Recreation Complex).
1. Background
1.1 Council’s Strategic Plan 2019 – 2022 included the goal to “Develop the concept,
financing, project plan and potential construction schedule for the South Bowmanville
Recreation Centre for Council in 2019, for consideration in the 2020 budget, with a
design to follow.” Staff presented Report CSD-009-19 at the General Government
Meeting of October 15, 2019. The report identified a Phase 1 Facility Program that
would include a twin pad arena, indoor walking track, gymnasium, multi-purpose
community/program space, administrative office and tourism space, and a branch library
at the Bowmanville Indoor Soccer location on Baseline Road in Bowmanville .
1.2 Council approved referring the project, with revisions, to the 2020 budget, and directed
staff to apply for funding through the Investing in Canada Infrastructure Program. Mid
way through 2020 staff were notified that this funding application was not successful.
1.3 At the Joint Committee meeting of September 14, 2020 Report FND-031-20 was
presented. This report, following the unsuccessful infrastructure funding application,
provided an alternative project funding plan to Council, that was seeking approval to
move forward on the design and construction of the South Bowmanville Recreation
Centre. Staff were recommending the project be funded through the issuing of a
debenture of $50,000,000 from Durham Region. It was estimated that approximately
74% of the total project cost was eligible for development charge funding, with the
remainder to be funded by the tax levy.
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1.4 Following discussion by Members of Council, the report was referred to the 2021
budget. During these discussions, the matter of finding alternative project financing
options, such as a Public-Private Partnership (P3) was raised. Although specific
direction was not included in the approved resolution, staff subsequently undertook
researching the feasibility of utilizing the P3 model for th is new community centre
project.
1.5 Report FSD-006-21, outlining the findings of the investigation into the option of a P3
Partnership for this facility, was considered at the February 1, 2021 Special General
Government Committee meeting. As a result, the following amended Resolution #GG-
085-21 was referred to staff to consider potential alternative locations and to propose
possible components:
“That Report FSD-006-21 be received; and
That Staff be directed to undertake a request for information from qualified parties for:
a) private-public partnerships
b) design build options and report back to Council.”
Indoor Facilities Development Strategy
1.6 In January 2017, Community Services staff presented CSD-001-17 Indoor Facilities
Development Strategy to Council. To develop this Strategy, the Community Services
Department engaged the services of Monteith Brown Planning Consultants to prepare a
long-term strategy for the development of the Municipality’s future indoor recreation
facilities.
1.7 The intent of the Strategy was to provide Council and staff with a framework to advance
indoor recreation facility development, to respond to public requests for future recreation
facilities and to provide a guide in determining facility components to meet the needs of
residents to 2031.
1.8 The research for the Strategy included a review of facility trends on a local / regional /
provincial and national level, providing insight applicable to Clarington. It also
considered our existing inventory of facilities, recognizing the age, expansion potential
and required upgrades at each of the existing sites.
1.9 In developing the Strategy, there was consultation with Members of Council, staff, key
stakeholders and the general public. Public Information Centres were hosted in
Courtice, Bowmanville, Newcastle and Orono.
1.10 Council passed Resolution #GG-035-17 “That Report CSD-001-17, Indoor Facilities
Development Strategy, be referred back to staff to reprioritize a South Bowmanville pool
facility as a high priority.”
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CSD-009-19 South Bowmanville Recreation Centre
1.11 CSD-009-19 was taken to the October 15, 2019 GGC meeting, recommending a
proposed Phase 1 and Phase 2 facility program, that the Phase 1 project budget of
$48,005,300 be referred to the 2020 budget, and that Council authorize staff to
complete the application for funding for this project through the Investing in Canada
Infrastructure Program.
1.12 At a meeting held on October 28, 2019, Council approved the following Resolutions:
That Report CSD-009-19 be received excluding section 2.4 of Report CSD-009-19 and
sections 3.51, 3.55, 3.59 of Attachment 1 to Report CSD-009-19;
That Council approve the proposed facility program as presented ;
That Council refer the proposed Phase 1 project budget of $48,005,300 to the 2020
budget deliberations;
That Council authorize staff to complete the application for funding for this project as
prescribed in the Investing in Canada Infrastructure Program;
That all interested parties listed in Report CSD-009-19 and any delegations be advised
of Council’s decision; and
That Staff report back to the October 28, 2019 Council meeting on the cost of adding a
wellness/fitness component, amongst other items, in place of the office space of 5,600
square feet.
#GG-467-19: That the following remaining portions of Report CSD-009-19 be received:
“Section 2.4 of Report CSD-009-10 and sections 3.51, 3.55, 3.59 of Attachment 1 to
Report CSD-009-19.”
1.13 A memo to Council for the October 28, 2019 Council Meeting (Attachment 1) outlined
that staff met with the consulting team, and prepared a revised facility program, as
requested, for Council’s consideration. A recalculation of the square footage of the
facility and the associated impact on the overall project bud get was provided.
1.14 The memo included that should Council approve the revised facility program to include
wellness/fitness, Resolution #C-286-03 would need to be rescinded. The Resolution
included “Now therefore be it resolved THAT the Municipality of Clarington hereby
advises the local fitness facility owners that it will not enter into direct competition with
the local fitness industry in new facility construction; and THAT the Association of
Municipalities of Ontario be advised of Council’s decision, and be requested to forward
the resolution to the member municipalities for their consideration.”
1.15 The October 28, 2019 memo was referred to the consideration of Report CSD-009-19.
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1.16 Staff submitted a comprehensive application for funding of the South Bowmanville
Recreation Centre to the Investing in Canada Infrastructure Program in November of
2019 but was subsequently denied funding.
2. Recreation Facility Considerations - Bowmanville
South Bowmanville – Baseline Road
2.1 Following the acquisition of three parcels of land in 2002 for the future South
Bowmanville Community Park, Community Services and Engineering staff prepared a
site master plan for future indoor and outdoor recreation. It was determined that indoor
construction would be situated on the portion of land adjacent to Baseline Road and
outdoor facilities would be planned for the southern portion from Green Road to Martin
Road.
2.2 Following budget approval in June 2003, the design on an indoor soccer and outdoor
lacrosse facility commenced. Additionally, a conceptual layout was prepared that
identified a plan for future indoor facility expansion. The plan was to build onto the
indoor soccer facility and extend to the west and north to Baseline Road. This
conceptual plan was the basis for the revised expansion plan presented to Council in
October 2019.
2.3 The site can accommodate both future phases of indoor facility expansion, as well as
the provision of adequate parking. Preliminary discussions began early in 2020 with
Engineering staff to discuss what adjacent road improvements would be needed,
including the possible relocation of the main entrance to better align with Westside
Drive. This site is also strategically located with good vehicular access from Green
Road, Bowmanville Avenue as well as 401 through the Bowmanville Avenue and Holt
Road interchanges.
2.4 Regional water/sewer and natural gas services are existing, as is storm water
management. It is expected upgrades to the servicing and storm water management will
be required and has been considered in the proposed project budget.
2.5 In 2007, Engineering staff coordinated the construction of temporary outdoor soccer
fields on the future facility location, utilizing excess fill from Green Road reconstruction
work. All parties were aware this was a temporary situation and that the fields would
need to be removed at such time as the indoor facility expansion began. Subject to
approval by Council for this location, staff will need to communicate the plan with the
Darlington Soccer Club and work with them to discuss options to minimize the impact to
their outdoor soccer program.
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Garnet B. Rickard Recreation Complex
2.6 Council has directed staff to consider constructing the new recreation facility on the site
of the Garnet B. Rickard Recreation Complex. In addition to the existing indoor facility,
there are two baseball fields, an outdoor playground area, a skateboard park, parking
for approximately 600 vehicles as well as the Clarington Emergency and Fire Services
Headquarters.
2.7 It is estimated that the existing baseball fields and playground area represent
approximately seven acres of green space. Given that the total proposed square
footage (Phase I and II) of the new facility is estimated at 184,000, it is feasible that this
could be constructed within that area. However, even a modest calculation of 600
additional parking spaces needed, could not be achieved at this location without
considering the relocation of the fire headquarters which is not recommended.
2.8 Due to the current demand for quality baseball fields in Clarington, two new fields would
need to be constructed and put into operation prior to the removal of the fields on this
site. Additionally, the skateboard park and outdoor playground would need to be
removed and reconstructed somewhere on the property.
2.9 Further to discussions with the Clarington Public Library Director, we have been advised
that, due to the proximity to their Main Branch, there is no interest in constructing a
branch location on this site. This would reduce the overall area of Phase I by 10,000
square feet and the budget by $4.5M. However, there remains interest to proceed with a
branch library on the other Bowmanville locations.
2.10 This location is situated at an extremely busy intersection and access to and from the
property can be challenging, especially during large indoor or outdoor events. This has
been evidenced in recent years with Junior hockey and lacrosse playoffs, fishing shows
and butter tart festivals as well as each year on Canada Day. Constructing additional
indoor recreation facilities on this site would more than double the daily vehicular traffic
and further exacerbate congestion on the adjoining roads. Major improvements to
entrances on to the site could be complicated as Highway 2 West and Regional Road
#57 (Bowmanville Avenue) are both Durham Region roads. This may restrict entrance
improvements to Stevens Road and Clarington Boulevard.
2.11 The Durham Region Works Department has advised us that existing sewer capacity is
available on Clarington Boulevard, with a future trunk sewer planned for Bowmanville
Avenue. However, the facility design plan would have to address a greater demand for
on-site storm water management.
Future Community Park Location – Liberty Street and Concession Road #3
2.12 Clarington’s Official Plan (OP) has identified two future Community Park (CP) locations
within the existing Bowmanville Urban Boundary. According to the OP, “Community
Parks are designed to serve the recreational needs of several neighbourhoods,
providing outdoor and indoor recreational facilities, non -programmed open space and
linkages to the Regional and Municipal trail system. Community Parks shall have a size
of between 6 to 12 hectares.”
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2.13 The first future Community Park is identified for the property located at the north east
corner of Liberty Street and Concession Road #3 (see Attachment 2). This property falls
within the Soper Springs Secondary Plan area, which is currently in progress. Planning
staff have indicated a Plan completion for Summer/Fall 2022.
2.14 In the Terms of Reference for this Secondary Plan, the area is summarized as follows,
“The site generally consists of farmland and woodland between a number of ditches or
tributaries of Soper Creek, draining towards the southeast. T he site gradient drops
uniformly towards the southeast, having the grade difference of more than 30 m across
the site. This area includes lands which appear to be the headwaters for a number of
tributaries of the Soper Creek. Similar to the Northglen Neighbourhood in northwest
Bowmanville and the Farewell Heights Neighbourhood in north Courtice, Soper Springs
is located on the former Lake Iroquois Shoreline, an area identified as hydrologically
significant.”
2.15 The existing topography of this location does present some challenges to providing a
flat area suitable for the construction of the new facility and associated internal
roadways and parking lots and further site investigation would be needed. Prior to
construction, geo-technical work would need to be completed.
2.16 As this property would need to be purchased, Planning and Development staff sought
information on the current open market value of a 25-acre parcel of land, in this area.
Based on the assessment received, the current price for the property identified would be
in the range of $175 - $225,000 per acre, or $4.4 - $5.6M.
2.17 As the site servicing plans for this Secondary Plan have yet to be submitted, Durham
Region is not able to provide any specific details on future servicing within the study
area at this time. A preliminary review indicates a possible sanitary sewer connection at
the north end of the subdivision immediately south of Concession Road #3 near Liberty
Street. Detailed capacity calculations for the new facility would be required to confirm
this. Otherwise a connection could be required to an existing sewer on Mearns Avenue,
south of Concession Road #3. Enbridge Gas has confirmed existing natural gas service
is close to this location, however, detailed calculations on anticipated demand would be
required to determine if the existing line pressure would be adequate.
2.18 This site would be able to accommodate both proposed phases of this new facility,
however, the total project budget would have to be increased to accommodate for the
cost of land acquisition and the provision of water, sewer and natural gas services to the
property. Until the Secondary Plan site servicing plan is finalized, our Public Works staff
are unable to provide a cost estimate for servicing.
Future Community Park Location – Lambs Road and Concession Street
2.19 The second future Community Park identified in the OP is the property located at the
north east corner of Lambs Road and Concession Street. This property falls within the
Soper Hills Secondary Plan area, and is also currently in progress, with an anticipated
completion in Summer/Fall 2022.
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2.20 The Terms of Reference for this Secondary Plan summarize the area as follows, “The
site is a farm field with scattered farm houses, barns and treed areas. The site gradient
is undulating, with drops toward the ditches at the northwest and southeast portio n. This
neighbourhood is almost completely farmed today.”
2.21 This property has a consistent slope from east to west and does not appear to present
any major topography problems for situating a facility and associated internal roadways
and parking lots. Prior to construction, geo-technical work would need to be completed.
2.22 This property would also have to be acquired to locate the proposed recreation facility.
Planning and Development staff have confirmed this property would have a similar
current open market value of $175 - $225,000 per acre. While the Municipality has an
agreement with the property owners for the future purchase of this site it is at fair market
value. Assuming the same 25-acre parcel of land, the current price for the parcel would
also be in the range of $4.4 - $5.6M.
2.23 Durham Region Works Department advised us there is no servicing close to this parcel
of land at this time. However, sewer servicing in the area will be extended closer to the
property with the development to the south. Work is currently underway to confirm how
much area within the Soper Hills Secondary Plan can be serviced by the Timber Trail s
development. Any excess demand would need to be delayed until the construction of a
new trunk sanitary sewer. The water feeder main will be extended to the north east
corner of Lambs Road and Concession Street, as part of a Durham Region project that
is currently in design. Enbridge Gas has confirmed existing natural gas service is close
to this location, with adequate pressure to satisfy the demand.
3. Indoor Recreation Facilities Development Strategy –
Summary of Facility Expansion Plans
3.1 In addition to the major facility expansion that has been identified for South
Bowmanville, the 2017 Strategy included other facility expansion projects at existing
facilities in Courtice and Newcastle. The initial proposed timelines have been provided
(see Attachment 3). The details of these plans are summarized for Council’s
information.
3.2 The background information that formed the basis of the recommendations in the
Strategy has not been fully updated and some facility components may need to be
reconsidered. For instance, in recent years Council has approved annual funding for the
creation of dedicated youth centre space, through our partnership with the John Howard
Society, at South Courtice Arena and Diane Hamre Recreation Complex. Also, the
pandemic has had a drastic impact on the fitness industry and, as a result, we may
need to re-evaluate what types of fitness/wellness facilities and services will be needed
by our residents in the future.
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3.3 The project budget information has also not been recently reviewed or updated and
estimates 2016 values for the base cost. From this base cost, an annual inflation rate of
3.5% was added to better estimate the project costs for the proposed project year. Prior
to bringing forward specific recommendations for Council approval on any of these
expansion plans, a more detailed facility plan and project budget would be completed.
3.4 The project timing has also not been updated and was originally based on the South
Bowmanville project moving forward in 2018. Staff will need to review and update the
expansion plan prior to bringing forward further recommendations for approval.
Diane Hamre Recreation Complex
Phase I:
Fitness/Wellness Centre
Youth and Older Adult Space
Design – Early 2022
Project Budget - $10,400,000
Phase II:
Twin Pad Arena
Indoor Walking Track
Design – Early 2026 (subject to results of an arena needs assessment in Mid 2023)
Project Budget - $41,300,000
Courtice Community Complex
New Teaching Pool
Design – Early 2024
Project Budget - $10,000,000
3.5 The two future Community Park locations were briefly mentioned in the 2017 Strategy,
but were not given consideration for specific future facilities, as it was estimated the
need to build on these sites was outside the 2017 – 2031 planning period.
4. Project Methodology
4.1 This report will attempt to provide Council with a basic overview of project methodology
options that could be considered to move forward with the approval of the new
recreation facility. The information provided is not an exhaustive list of the specifics of
each option, nor a full list of advantages and disadvantages of each.
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Design – Bid - Build
4.2 This is the traditional methodology the Municipality has used for new building
construction and major renovations projects in the past. For this reason, municipal staff
are the most comfortable with this process. Through public procurement, the
Municipality would contract an architectural/ engineering project team who, acting on
behalf of the owner, would prepare design drawings and project specifications for
tendering.
4.3 Prior to finalizing the tender documents, the Municipality would issue a request for pre -
qualification for general contractors. This will ensure only general contractors with
experience in building similar types and sizes of facilities are eligible to bid on the
project.
4.4 Following Council approval of the successful construction bid, the stipulated cost of
construction is set, and the Municipality would execute a contract with the successful
General Contractor (CCDC 2). Although the stipulated price for construction remains
fixed, there will be exceptions where changes are necessary. This could be the result of
unforeseen site conditions, errors and omissions, or a lack of clarity in the tender
documents. Additionally, the Municipality may request changes to the project. When
these occur, the Contractor submits a quotation for the contemplated change and is
reviewed, accepted, declined, or further negotiated until all parties agree. All approved
changes would be funded through a project contingency, which would be included in the
overall approved project budget.
4.5 A project of this size will undoubtedly require changes to the contract price over the
course of the construction period and staff will identify an adequate value for
contingency. For this new facility staff will be retaining an independent project
management team that, in collaboration with the design team and the Municipality, will
prepare thorough project drawings, specifications and other tender documents in order
to help mitigate instances of errors and omissions.
Design – Build
4.6 This methodology requires the Municipality to issue a detailed Scope of Work to general
contractors who will provide a bid for both the design and construction for the project.
As part of their project team, a general contractor will engage a design/engineering
team to work with them to prepare design documents for the contractor to complete the
construction.
4.7 The Scope of Work represents the owner's essential project requirements and
expectations and is intended to provide adequate information upon which Contractors
can prepare technical and price proposals. The scope should clearly define our needs
and expectations in a final product, without rigidly controlling the means and methods to
be used to meet those needs and expectations. Where applicable, the scope will also
identify commonly accepted standards, codes, and specifications.
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4.8 In a Design-Build project, the Municipality would have no direct relationship with the
architects and engineers involved in the design of the facility, as they are retained by
and responsible to the Contractor. In addition to putting the Municipality at a
disadvantage, the normal checks and balances between design and constr uction may
not exist.
4.9 If we are to consider this as an option, the Municipality would need to retain the services
of an architectural and engineering team to prepare the Scope of Work that would be
issued with the tender. They would also assist in the prequalification of design-build
firms to ensure adequate prior experience with designing and constructing similar
projects. Staff would also recommend retaining this team to represent the Municipality
throughout the duration of the design and construction stages. The skills and knowledge
they would provide would be beneficial and they would be there to “advocate” on behalf
of the Municipality.
4.10 Following Council approval of the construction tender, the stipulated cost of the design -
build is set, and the Municipality would execute a contract with the successful
Contractor (CCDC 14). Although a benefit of this methodology is the fixed price, any
necessary changes, at the request of the Municipality, during the design and/or
construction can be costly. As the contractor is bound by their approved price for the
project, changes to performance requirements and standards, if not clearly articulated in
the Scope of Work, could result in design change or material substitutions that may
negatively affect the end product.
Public-Private Partnership (P3)
4.11 As originally reported in FSD-006-21, staff considered the feasibility of pursuing a P3 for
the new recreation facility for South Bowmanville. This included arranging for a
presentation from P3 Advisors Inc., an industry leader in providing strategic advice for
clients who are considering the P3 model for their projects. Additionally, the President of
the Canadian Council for Public- Private Partnerships was contacted to provide some
background information.
4.12 Although there are numerous examples of P3 projects in Ontario, no similar municipal
projects have been discovered. Most projects are in the transportation, education, and
healthcare sectors. Other examples include large spectator arena venues (5,000 seats
plus) housing OHL and ECHL hockey clubs. The absence of municipal community
centre examples indicates to staff, that the operating model for this type of facility is not
attractive to private sector investment.
4.13 However, should Council wish to consider proceeding with the P3 model, specific
direction on the facility plan and location would be needed to proceed prior to releasing
an Expression of Interest. Should there be interest from the private sector, staff will
report on the results as provided estimated costs for the professional services needed
to go forward.
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5. Other Considerations
Aging Arena Infrastructure
5.1 Currently the municipally operated Darlington Sports Centre and the Board operated
Orono Arena and Community Centre and Newcastle Memorial Arena have been in
operation between 40 – 45 years. In 2010, the Municipality completed a $2.2M upgrade
to the Darlington Sports Centre. The work included the replacement of the refrigerated
arena floor, rink board system, refrigeration equipment as well as an interior lobby
expansion and accessibility improvements. The objective of this upgrade was to extend
the useful life of the facility by 15 years or to 2025, at a minimum. Based on the current
condition of the building, staff are confident the facility will remain fully operational
beyond 2025.
5.2 In August 2020, Community Services retained an independent arena engineering firm to
provide an assessment of the ice rink and refrigeration systems for the Orono Arena
and Community Centre and the Newcastle Memorial Arena. The scope of their work
included an assessment of the refrigeration plant equipment, the refrigerated arena
floors/associated piping and the rink board/glass systems. In September we received a
report for each facility that was shared with each Arena Board Chair.
5.3 The major findings in both reports included the recommendation to replace the
ammonia chillers in both arenas. As failure of this equipment could present a hazard to
both staff and the public, this work was approved in our 2021 capital budget and is
scheduled for completion this summer. The reports also concluded, that based on the
age of both refrigerated arena floors, a failure of the imbedded brine piping system
could occur at any time. It was recommended that replacement of both floors and the
associated refrigeration systems be planned for in the near term.
5.4 To provide some context, both arena floors are original and have been in service for
over 40 years. By comparison the floor at Darlington Sports Centre was replaced after
35 years and Pad A at the Garnet Rickard Complex was replaced after 30 years. With a
median useful life of 25 – 30 years for arena floors, both have far exceeded their useful
life. A major floor failure at the start of or during an ice season could result in a loss of
that ice season, with significant impact to rental revenues.
5.5 Staff will be working with the two Arena Boards in the coming months to discu ss the
details of the repairs needed and will report back to Council this fall seeking funding
approval for the necessary renovations. The objective of these renovations would be to
extend the useful life of both arenas by a minimum of 10 years.
Page 57
Municipality of Clarington Page 14
Report CSD-003-21
5.6 Based on the existing (pre COVID-19) demand in Clarington for ice time, the
construction of two new ice pads in Bowmanville will serve this current pent up demand
(estimated at one ice pad) and allow for expansion related to residential growth in the
near term. This will require the two Board operated arenas, as well as the Darlington
Sports Centre, to effectively operate until the new ice pads planned for Diane Hamre
are constructed and operational. Based on the 2017 Facilities Development Strategy
this was identified for the late medium term of the plan with design to commence in
2026.
Performing Arts/Major Events Centre
5.7 There has been discussion regarding the need for a performing arts and/or a major
events venue for Clarington. Currently our large event s are held at the Garnet B.
Rickard Recreation Complex. The main arena has seating for approximately 1,200 and
is also the home to our Junior hockey and lacrosse teams.
5.8 With the construction of two new ice pads in Clarington, staff are confident there would
be some flexibility in the annual scheduling for Pad A at the Garnet Rickard Complex
that could accommodate additional large spectator events.
5.9 There was some very preliminary discussions, pre COVID-19, on providing large indoor
space for performing arts. At this time there does not appear to be an immediate need
for such a facility in Clarington and it may warrant further consideration in the future.
6. Concurrence
6.1 This report has been reviewed by the Director of Financial Services who concurs with
the recommendations.
7. Conclusion
7.1 It is respectfully recommended that Council approve the recommendations, identified in
this report as Option 1. This facility plan, as outlined in Report CSD-009-19, would
include the design and construction of a twin pad arena, gymnasium,
program/community space, administrative offices and a CPL branch library and would
be located at the South Bowmanville location. The total project budget of $50,000,000 is
to be funded through the issue of debt financing by the Region of Durham , as outlined in
Report FND-031-20.
7.2 Should Council wish to reconsider the facility plan, the location, the budget and
financing or the project methodology, we are asking that this report be referred back to
staff for further investigation. Subsequently, staff would report back to Council in the Fall
of 2021.
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Municipality of Clarington Page 15
Report CSD-003-21
7.3 Since the early 2000’s, supported by Development Charges funds, the Municipality has
focussed on major indoor and outdoor recreation development in each of our major
urban areas along the lakeshore. It commenced with the acquisit ion of land on
Prestonvale Road in Courtice for the South Courtice Community Park, continued with
the South Bowmanville Community Park on Baseline Road and finally the Newcastle
Community Park on Rudell Road. Although an overall indoor facility plan was developed
for each location, to date, we have yet to fully build out on any of these sites. In addition
to providing the community a wide variety of indoor recreation and leisure activities
“under one roof” there are also significant operating efficiencies that can be realized that
would effectively minimize the impact to annual operating budgets.
7.4 As was indicated in this report, much of the background work for the 2017 Indoor
Facilities Development Strategy was completed in 2016. It is important for th is
information to remain current and following Council’s decision on the new Bowmanville
facility, staff will undertake an internal review of the background information and the
assumptions that drove the original recommendations.
7.5 We look forward to a decision on this new recreation facility that will provide quality
indoor facilities and programs, not only to the residents of Bowmanville, but to all of
Clarington.
Staff Contact: George Acorn, Director of Community Services, 905-623-3379 ext. 2502 or
gacorn@clarington.net.
Attachments:
Attachment 1 – Memo to Council October 28, 2019
Attachment 2 – Map of Land Use – Bowmanville Urban Area - Including Community Park
Locations
Attachment 3 – Proposed Facility Development Schedule from Indoor Facilities Development
Strategy
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 59
Memo
Page | 1
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379
Attachment 1 to Report CSD-003-21
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
At this General Government Committee meeting the recommendations from staff report
CSD-009-19, as outlined in Resolution #GG-458-19, were amended to add:
“That Staff report back to the October 28, 2019 Council meeting on the cost of adding a
wellness/fitness component, amongst other items, in place of the office space of 5,600
square feet.”
Following discussion with the consulting team staff have prepared a revised facility
program, as requested, for Council’s consideration. This work was limited to a
recalculation of the square footage of the facility and the associated impact on the
overall project budget. The preliminary concept plan from the report has not been
updated to reflect the proposed changes.
Facility Square Footage Adjustment:
Original Gross Floor Area 148,281 square feet
Delete Office Space ( 7,000)
Add Wellness/Fitness 10,250
Add Fitness Change Rooms 2,863
Revised Gross Floor Area 154,394 square feet
The revised plan would increase the gross floor area of the facility by 6,113 squ are feet.
This reflects in a revised project budget increase of $3,403,770. It is important to note
the cost per square foot of the fitness area and change rooms is more expensive than
the deleted administration and office spaces. You will also see the revised budget
includes the provision of fitness equipment.
To: Mayor Foster and Members of Council
Andy Allison, CAO
From: George Acorn, Acting Director of Community Services
Date: October 18, 2019
Subject: South Bowmanville Recreation Centre – Items #4, #5 General Government
Committee Meeting Minutes October 15, 2019
File:
Page 60
Memo
Page | 2
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379
Attachment 1 to Report CSD-003-21
Revised Project Budget:
Original Construction Budget $42,100,000
Delete Office Space ( 2,069,600) includes 25% gross-up
Add Wellness/Fitness 3,652,500 includes 25% gross-up
Add Change Rooms 1,047,800 includes 25% gross-up
Revised Construction Budget $44,730,700
Design/Engineering/Project Mgmnt 4,473,070 10% of construction budget
Furnishings & Equipment 1,705,300
Add Fitness Equipment 500,000
Revised Project Budget $51,409,070
Project Cost Per Square Foot (average):
Original Facility Program $48,005,300/148,281 sq. ft. = $323.75/sq. ft.
Revised Facility Program $51,409,070/154,394 sq. ft. = $332.97/sq. ft.
The revised facility program budget, as requested, reflects the deletion of 5,600 square
feet of office space which includes Community Services administration offices and
Clarington Tourism space. This space also includes the customer service area, facility
and program operations offices, staff kitchenette, staff meeting room and a staff
washroom. An allocation of space for some of these critical functions will need to be
included in any final design program.
Should Council approve the revised facility program to include wellness/fitness, the
following resolution, from the Council meeting of May 12, 2003, would need to be
rescinded:
Resolution # C-286-03
Moved by Councillor Schell, seconded by Councillor Rowe
WHEREAS the Municipality of Clarington recognizes that the fitness industry, as a local
small business, is at a disadvantage when directly competing with organizations that do
not pay the taxes that form a significant part of the small business owner's operating
expenses;
WHEREAS the Municipality of Clarington does not feel it is in the best interests of its
residents to compete with the fitness industry who are meeting the needs of the
community;
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Memo
Page | 3
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379
Attachment 1 to Report CSD-003-21
WHEREAS the Municipality of Clarington is committed to responding to opportunities for
business retention and attraction;
NOW THEREFORE BE IT RESOLVED
THAT the Municipality of Clarington hereby advises the local fitness facility owners that
it will not enter into direct competition with the local fitness industry in new facility
construction; and
THAT the Association of Municipalities of Ontario be advised of Council's decision, and
be requested to forward the resolution to the member municipalities for their
consideration.
CARRIED.
The project team remains confident with the original recommendations stated in Report
CSD-009-19 relating to a wellness/fitness centre and provide the following points from
the report for Council’s information:
4.6 A centrally located fitness facility would be beneficial to the delivery of fitness
services to our community, however, in the shorter term, we are concerned about the
impact this would have on our existing membership base at Courtice Complex. Our
membership base has remained relatively steady over recent years and staff agree that
the current facility could accommodate increased memberships.
4.8 The provision of fitness facilities by Clarington is an area that is also serviced by the
private sector. An existing Council resolution prevents development of municipal fitness
centres in this facility and this must be reconsidered before moving forward with a
fitness/wellness centre in this facility. Deferring this component to the second phase will
allow staff to gauge the impact of population growth and the ability of the private sector
to satisfy the needs of the community.
Staff are currently working on the Investing in Canada Infrastructure Program
application, with the deadline of November 12 approaching, and are confident we will
have a competitive submission for provincial and federal consideration. There is a
strong focus on “community” in the application and tourism has been specifically
referenced as an integral partner to enhance service delivery for residents and would be
a positive component of our funding application.
I trust this information will be of assistance to you as you consider this item on October
28.
Page 62
Memo
Page | 4
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379
Attachment 1 to Report CSD-003-21
Regards,
George Acorn
Acting Director of Community Services
Page 63
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Page 64
Municipality of Clarington
Indoor Recreation Facilities Development Strategy
Monteith Brown Planning Consultants with TRA & MJMA | Page 52
Section 5. Implementation of Expansion & Redevelopment Options
Assessments contained in Section 4 have resulted in a number of recommendations, of which
Figure 6 illustrates the proposed facility development timeline. The details and costs of each
initiative are outlined in the pages that follow. The proposed timeline is contingent upon many
factors including the actual level of population growth realized over the next fifteen years in
relation to the forecasts used as the basis for this Strategy, participation levels and recreational
preferences in the future, the financial capacity of the Municipality to undertake such works,
competing priorities and pressures for other municipal services, life expectancy of existing
facilities, etc.
Figure 6: Proposed Facility Development Schedule
* A twin pad arena in Bowmanville is recommended based on the estimated hours being contracted by
minor sport users in surrounding municipalities, expansion of adult hockey opportunities as well as the
expansion of recreational programs and services provided by the Municipality. Construction would
commence after the Municipality confirms sufficient ice-related demand exists based on market
conditions at that future time.
** A twin pad arena is recommended in Newcastle subject to the results of an arena needs assessment in
2023.
Short-Term
Design -Bowmanville Indoor
Soccer Phase 2 Expansion:
Indoor Aquatic Centre
Medium-Term Long-Term
Design –Courtice Community
Complex ExpansionDesign -Bowmanville Indoor
Soccer Phase 1 Expansion
Design -Newcastle &
District Recreation Complex
Phase 1 Expansion
Design -South Courtice Arena Expansion:
Gymnasium
Re-Assess Indoor Aquatics Needs
Fitness / Wellness Centre
Youth & Older Adult Space
New Teaching Pool
Twin Pad Arena*
Gymnasium
Fitness / Wellness Centre
Indoor Walking Track
Youth & Older Adult Space
Administration Offices
Re-Assess Arena Needs
Design -Newcastle & District
Recreation Complex Phase 2
Expansion
Rescind Council Resolution C-286-03
regarding the Municipal Role in Providing
Equipment-Based Fitness Centres
2017 2021 2029 2031
2030
2019
2020 2022
2023 2025
2026
2027
202820182024
Twin Pad Arena**
Indoor Walking Track
Page 65
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: General Government Committee
Date of Meeting: April 19, 2021 Report Number: LGS-017-21
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: By-law Number:
Report Subject: Procedural By-law Review
Recommendations:
1. That Report LGS-017-21 be received;
2. That the By-law attached to Report LGS-017-21 as Attachment 5 to Report
LGS-017-21, repealing and replacing Clarington’s Procedural By-law 2015-029, be
approved; and
3. That Staff be directed to prepare a report recommending the new meeting schedule
to reflect the changes approved in the new Procedural By-law, effective
September 1, 2021.
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Municipality of Clarington Page 2
Report LGS-017-21
Report Overview
To improve efficiencies related to Council and Committee meeting management, to provide
for more timely flow of communications, and to maximize the use of technology, it is
recommended that the Procedural By-law be repealed and replaced with the attached draft
by-law.
1. Background
Existing By-law
1.1 Arising out of Report CLD-006-15, the current Procedural By-law 2015-029 was passed
in June, 2015. At the time of passing, the by-law maintained sections of the governing
Procedural By-law while incorporating changes which ensured the by-law met, and
reflected, the needs of the Council at the time. Since that time, the By-law has been
amended eleven times.
1.2 While much of the existing Procedural By-law continues to reflect the current needs,
the following areas in need of review:
provide for more timely flow of communication,
ensure that we are accountable and transparent to the public in meetings and
actions,
more accurately reflect the past/current practice of Council,
improve efficiencies to provide for more productive meetings, and
recognize the use of current, and emerging, technology.
Principles
1.3 The review of the Procedural By-law and the identification of opportunities for
improvement are based on the following principles:
meetings of Council and Committee are limited to the business within their
statutory rights and obligations,
balance debate with the need to make recommendations and decisions in a
timely manner,
provide for the hearing/consideration of input from interested parties in a
pragmatic way,
provide for open and transparent governance; and
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Municipality of Clarington Page 3
Report LGS-017-21
the business of Council is conducted by all participants with efficiency, respect,
and courtesy.
Other Municipalities
1.4 As part of this review, the Procedural By-laws of all the Durham area municipalities,
including the Region of Durham’s, were reviewed. Additionally, reviews were made of
other municipalities’ by-laws, for specific aspects (such as Vaughan, Oakville, Stratford,
Burlington, Guelph, and Windsor).
2. Chair
2.1 The current Procedural By-law contains a provision for the Chair to leave the chair and
“call upon” another Member to take the Chair:
If, during a Meeting of Council, the Mayor desires to leave the chair to move a
motion or to take part in the debate pursuant to Sub -section 3.3.1, or otherwise,
the Mayor shall call on the Deputy Mayor to preside until the Mayor resumes the
chair.
If, at a Committee Meeting, the Chair desires to leave the chair to move a motion
or to take part in the debate pursuant to Sub-section 3.3.1, or otherwise, the
Chair shall call on the Mayor to preside until the Chair resumes the chair. If the
Mayor is chairing the Committee meeting, the Deputy Mayor shall be called upon
to preside until the Mayor resumes the Chair.
To allow more flexibility, and to provide clarity, Staff are recommending the above
sections be replaced with the following:
If the Chair desires to leave the chair to leave the meeting, to move a motion, or
to take part in the debate, the Mayor shall preside until the Chair resumes the
chair. If the Mayor is chairing the Committee meeting, the Deputy Mayor shall
preside until the Mayor resumes the Chair. If the designated person is not
present, the Chair may call upon any other Member to chair the meeting.
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Municipality of Clarington Page 4
Report LGS-017-21
3. Meetings
Meeting Schedule
3.1 When the new Standing Committees were introduced, in 2015, by Report CLD-012-
015, Clarington changed to a three week rotation of GGC, PDC, followed by Council,
throughout the year. The concept of a “gap week” was eliminated and anytime a
meeting fell on a statutory holiday, the meeting was scheduled for the next business
day. This has resulted in more meetings involving more time for Staff and Members of
Council and some overlap with Regional meetings. In addition, it is more difficult to get
minutes and agendas out for short weeks.
3.2 The following table shows the number of meetings, including special meetings, over a
period of years:
Meeting Type 2016 2017 2018* 2019 2020 2021**
Currently
(No Gaps)
2021 **
Proposed
(With Gaps)
GGC – includes
Special and Joint
17 16 13 19 17 16 15
PDC including
Special
17 16 11 13 13 13 12
Council including
Special
17 16 13 16 15 14 12
TOTAL 51 48 37 48 45 43 39
*NOTE – 2018 was an election year, which always has fewer meetings.
**NOTE – 2021 will be showing as slightly less because it does not include
adhoc Special meetings that happened throughout the previous years.
3.3 It is hoped that, with the changes proposed in the new Procedural By-law, meetings will
be shorter and therefore we can reasonably change to fewer meetings and introduce
“gap weeks” again where, if the regular meeting date falls on a public holiday, the
meeting shall, beginning in September, 2021, be scheduled on the following week and
all subsequent meetings shall be moved forward a week.
3.4 Additionally, Staff are recommending the removal of wording that “one meeting shall be
scheduled on the first Monday of July” as this typically surrounds a statutory holiday
and may result in the schedule not ending in a Council meeting before summer recess.
This change will provide flexibility when setting the meeting schedule.
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Municipality of Clarington Page 5
Report LGS-017-21
3.5 This would also better reflect the practice, within Durham Region, where Committee
meetings are on the 1st/2nd week of the month and the Council meeting is on the 3rd/4th
week resulting in three meetings per month. Pickering goes a step further and has
both committee meetings on one day and the Council meeting on another week, but
Staff are not recommending this as it would not achieve the goal of shorter meetings.
Start Times and End Times for Night Meetings
3.6 Clarington night meetings have commenced at 7:00 pm since 1973. However, recently
the meetings have been going late into the night which may not be conducive to good
decision making. Therefore, Staff are suggesting that the start time for night meetings
(i.e. PDC and Council) be 6:30 pm and the curfew be changed from 11:00 pm to 10:30
pm. Attachment 1 shows the start times for each of the area municipalities.
3.7 Additionally, there has been concern expressed regarding the low threshold to adhering
to the adjournment times (2/3 majority), so Staff are recommending changing this such
that the rules of procedure will need to be suspended (3/4 majority).
Invalidate Holding, Proceeding, or Decision
3.8 The current Procedural By-law does not include any indication to protect against
invalidation of processes regarding notice, so Staff are proposing to add the following
paragraph, which is similar to the Region of Durham By-law:
Any omissions, or failure to strictly comply, with this By-law or any other
municipal legislation (including any notice which is substantively given but is
irregular) will not invalidate the holding of a meeting or any proceeding or
decision taken at the meeting.
Public Meetings Under the Planning Act
3.9 Since Clarington holds their public meetings as part of a longer Planning and
Development Committee meeting, we often find ourselves with a public meeting, which
includes presentations, delegations, and consultants, but the corresponding report (and
possibly communication items) is not considered until later in the meeting during the
Reports section of the Agenda. The result is that the public often need to wait until
later in the meeting for the report to be considered OR Committee alters the agenda to
move up the Report and any communications.
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Municipality of Clarington Page 6
Report LGS-017-21
3.10 To provide for a smoother meeting, and to allow all items related to the public meeting
to be dispensed with at the same time, Staff are recommending the following be added:
After the Public Meeting has concluded, any related communications and
the related report will be considered as determined by the Chair, without a
need to alter the agenda.
3.11 The above direction will also allow, as much as possible, the Municipal Clerk to group
related Public Meeting items together on the agenda. Additionally, in order to reduce
the number of pieces of correspondence going to a Public Meeting, Staff will, wherever
possible, send the correspondence to the Planner who will either summarize it in their
report; or the Staff presentation. Additionally, any correspondence received between
the Public Meeting and Council, related to a Public Meeting where the Committee
recommendation is to “receive and consider comments from the public and Council”,
will also be forwarded to the Planner for inclusion in their next report.
3.12 Since there is no limit on the number of Public Meetings held at one meeting, this often
results in different groups of interested parties attending the same meeting, making for
a long meeting for the groups. Staff are proposing to adopt the approach of other
municipalities and limit the number of Public Meetings to a maximum of two per
meeting, unless agreed upon between the Municipal Clerk and the Director of Planning
and Development, which may also include Special PDC meetings.
Agenda Restrictions
3.13 Currently there are no rules, in the Procedural By-law, on agenda items which should
be restricted (other than ultra vires items, enforcement items, and Committee
mandate). The Clerk has used best judgement in the past – but with the amount of
items coming forward, Staff are seeking direction/rules to rely on. In reviewing other
municipalities’ Procedural By-laws, they usually have a set of rules that restrict certain
agenda items.
3.14 Therefore, Staff are recommending the addition of the following section:
The Municipal Clerk shall refuse to place on the agenda, and in an ECCIP, an item
where the subject matter:
a) Involves current or pending litigation;
b) Involves insurance claims;
c) Involves personnel matters;
d) Involves labour relations;
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Report LGS-017-21
e) Involves administrative complaints;
f) Is beyond the jurisdiction of Council;
g) Is contrary to the provisions of the Municipal Freedom of Information and
Protection of Privacy Act or other relevant legislation;
h) Involves solicitation of business;
i) Involves political parties; or
j) Otherwise not suitable for discussion.
Agenda Publishing
3.15 There has been a suggestion that we publish the agenda a full week earlier than
currently. Until a few years ago, we used to publish agendas on a Friday but regularly
were able to publish on Thursday (although the Procedural By-law was not changed to
allow this), then we moved it to the current Wednesday/Thursday deadline so that
Council Members and the public would have more opportunity to review the agenda.
3.16 The difficulty with this proposed approach, of moving it up a whole week, is that most of
the reports/items are time sensitive which would result in more items going on the
agenda update (published on Friday). These would typically be the items of the most
importance and there would not be the expected gain. Additionally, some of the staff
reports/memos arise from Committee meetings for the Council meeting and there
would not be enough time between the meeting and the new/earlier agenda
publication. There are certain reports (typically draft planning reports) that are
circulated to interested parties prior to the agenda publication. For these reasons, Staff
are not recommending a move to an earlier agenda publishing. However, Staff are
recommending updating the Procedural By-law to change the agenda deadline from
Friday to Thursday to reflect current practice.
Agenda Update Deadline
3.17 The current Procedural By-law has been silent on the deadline for the Agenda Update
(the one that happens on Friday). With several of the current changes referencing this
deadline, Staff are recommending that it be set at “one hour prior to close on business
day preceding” with the assumption that it will be published shortly after “15 minutes
prior to close on the business day preceding” which has been the current practice. This
allows staff time to enter the changes; make any accessible document changes; and
obtain answers to questions if necessary, without incurring overtime.
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Report LGS-017-21
4. Pre-Business Matters on Agenda
Pecuniary Interest
4.1 Although the Procedural By-law has the following subsection to speak to declaring on
the confirming by-law, it does not have a section speaking to minutes where the
Member declared at the meeting:
“….when a Member declares on a matter(s) at a Council meeting, later in the
meeting when the confirming by-law is on the floor, the Member’s declaration is
understood and the Member may remain in the room in which the meeting is
taking place and participate in the vote on the confirming by-law.”
4.2 Therefore, Staff are recommending the addition of the following:
“Further, if the Member declares on a matter at a meeting and at a subsequent
meeting the minutes of the entire meeting are considered, the Member’s
declaration is understood and the Member may participate in the vote on
adopting the minutes and is not required to submit another declaration of interest
form, provided that the matter the Member declared on is not further discussed or
amended in any way.”
Announcements
4.3 Arising out of a concern about the length and number of announcements which take
place at Committee and Council meetings, and in the interest of shorter meetings, Staff
are recommending that announcements be limited to activities and events within one
week of the meeting, unless a regular Council / Committee meeting is not scheduled
within one week.
5. Communications
Communications - General
5.1 Over recent years, Council has provided Staff with the following direction, by resolution,
in an attempt to limit the correspondence considered by Council:
Correspondence must “directly relate to Clarington”
Correspondence must include the author’s name and address
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Report LGS-017-21
5.2 The Municipal Clerk walks a fine line of “too much correspondence on agendas” versus
“not providing Council with needed information”. Correspondence of a routine
administrative nature is referred to the appropriate Department. One concern of Staff’s
is that the above direction, which states that it must be “directly related to Clarington”
may mean that Council will not take action on broader is sues and opportunities to
support resolutions from other municipalities. Examples of this are recent resolutions
from other municipalities related to COVID issues (i.e. urging the Province to provide
support for sick leave; open small business; etc.), that were not placed on an agenda.
Similarly, there are items that are clearly just for information that are forwarded to
Members of Council via email, such as Region notices about street construction,
because they do not require Council’s action.
5.3 Other correspondence items that no longer appear on agendas include association
correspondence, such as the Association of Mun icipalities of Ontario (AMO), the
Federation of Canadian Municipalities (FCM), the Association of Municipal Clerks and
Treasurers of Ontario (AMCTO) which may contain information about upcoming
provincial and federal legislation. Attachment 2 provides examples of some of the
correspondence that is not forwarded to Members of Council or placed on an agenda.
5.4 We understand that constant emails coming to Members of Council may be difficult for
a Member to manage and there may be instances where a Member would want to
bring forward the correspondence to a Committee meeting.
Communications - Electronic Council Communications Information Package (ECCIP)
5.5 There is currently no mechanism in place to handle this, however Staff are proposing a
plan for an Electronic Council Communications Information Package (ECCIP). Staff
would gather the correspondence relevant to Council and provide it as one electronic
package once per week, by Friday at noon. Members could then review the package
and, if there are any items that a Member would like to move a motion on (i.e.
endorse), then they would notify the Municipal Clerk, by the Agenda deadline, who
would add it to the next appropriate agenda. For clarity, it should be noted that the
items would not be placed on the agenda three calendar days from the Friday, but
rather the next appropriate Committee or Council agenda.
5.6 The ECCIP may include notices of development applications, liquor licence
applications, planning notices of adjacent municipalities, correspondence from other
levels of government, crown corporations, agencies, boards, or provincial/federal
associations engaged in municipal matters, responses from individuals/organizations
arising out of Council correspondence to them, or general information to Council. Staff
reports, Advisory Committee reports, and reports required to be presented to Council
(i.e. Ombudsman, Integrity Commissioner, etc.) would not be included in the ECCIP
and would continue to be included in Agendas.
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5.7 This approach is an extension of the Council direction in approving the 2015
Procedural By-law which added the following as part of the resolution:
That correspondence received from other municipalities requesting
endorsement/consideration of a resolution be copied to each member of Council
and shall only be considered by Council at the request of a Member of Council or
the CAO, in accordance with the Procedural By-law.
5.8 This approach is similar to the approach of the Durham Region, Vaughan, Oakville,
Windsor, Burlington, Oshawa, Pickering, and Whitby. Staff are currently working out
the logistics of the ECCIP but anticipate that it will be posted to
www.clarington.net/calendar webpage, similar to agendas and minutes and subscribers
would be notified when it is published. It is anticipated that this practice of distributing
the ECCIP would continue through the summer hiatus, where warranted.
5.9 To achieve this change, Staff are recommending the addition of the following to the
Procedural By-law, which is very similar to the Region of Durham:
The Municipal Clerk shall prepare an Electronic Council Communications
Information Package (ECCIP) containing correspondence received by Staff for
Council’s information.
The deadline for information to be included in the ECCIP is end of day Thursday.
The ECCIP shall be delivered electronically every Friday.
A Member of Council may request, in writing to the Clerk, including the Member’s
motion for the disposition of the item, that an item from the ECCIP be included on
the next agenda of the appropriate Committee of Council, as determined by the
Clerk.
The item will be included on the agenda of the appropriate Committee of Council
if submitted to the Clerk prior to the Agenda Deadline and if it is not restricted
under Section 2.5. For clarity, this will not be the meeting three calendar days
from when the ECCIP was published, but rather a future meeting.
5.10 It is not to say that all the items listed on Attachment 2 would have been placed on an
ECCIP, but it allows staff more flexibility in what is forwarded to Council.
5.11 Accordingly, since most of the “information items” will be provided in the ECCIP, and
since the current by-law does not specify that the Communications items need to be
divided by information items versus action items, and to allow for one less resolution
required in a meeting, Staff will only have one “Communications” section on the agenda
but will continue to provide a suggested motion where applicable.
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Communications – Disposition
5.12 Staff are also recommending including clarity on how Council’s decisions are
communicated (i.e. forwarded to associations and other municipalities, as well as
residents) to formalize current practice, as follows:
When considering the disposition of items related to:
a) Provincial legislation, Council’s position shall be forwarded to the Association of
Municipalities of Ontario (AMO) for review and consideration.
b) Federal legislation, Council’s position shall be forwarded to the Federation of
Canadian Municipalities (FCM) for review and consideration.
c) Forwarding Council’s decision to all Ontario Municipalities, Staff shall forward to
the Association of Municipalities of Ontario (AMO) for review and consideration
and not to all municipalities.
When Council only receives a correspondence item for information, no correspondence
shall be sent to the submitter.
Communications - Delegations and Their Related Correspondence
5.13 Currently, if a delegation has related correspondence, these are listed as two different
items and the delegation may have to wait until the correspondence is considered,
unless a Member moves a resolution to alter the agenda and “move up the
correspondence”.
5.14 In an effort to make meetings more efficient, and to make it easier on delegations to
find out the disposition of the matter, and with the automation provided with the
eSCRIBE software, Staff are recommending that the related correspondence be listed
with the delegation and therefore both will be considered at the same time following the
delegations. Staff made this change beginning in January, 2021 as a pilot project.
Staff believe that it has proved useful so recommend continuance of the practice.
5.15 In order to officially make this change, Staff are recommending the deletion of the
following wording from the Communications subsections of the By-law:
“shall be listed under the heading ‘Communications’ on the agenda”.
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Communications - Petitions
5.16 Currently, subsection 9.1.3 states:
Where a Delegation wishes to provide Members with a petition and/or a written
communication supporting the Delegation’s comments, the petition and/or
communication shall be provided to the Municipal Clerk, or designate. The
written communication may be distributed to the Members at the discretion of the
Municipal Clerk, or designate.
5.17 Although the above section provides a process for delegations with petitions, there is
nothing else in the procedural by-law that addresses petitions in general (i.e. if it
doesn’t accompany a delegation). For clarity, Staff are recommending that the above
words related to petitions be deleted out of the “Delegations” section and create a new
definition and a new section, “Petitions” as follows:
Petition means a legibly written/typed document requesting
Committee’s/Council’s consideration of a matter that contains more than ten
signatures.
An organizer of a public petition may submit the petition for inclusion on the
appropriate Committee agenda. That organizer shall provide their name,
address email, and telephone number with the petition. No petition shall be
considered valid and accepted by the Municipal Clerk without the name and
contact information of the organizer.
Any communication with respect to the petition will be with the organizer of the
petition only.
Petitions shall contain the printed name, signature, and municipal address of the
individuals signing it. Signatures without contact information , or who are not
Clarington residents, shall be redacted by the individual or group submitting the
petition, or it will not be accepted by the Municipal Clerk, nor placed on an
agenda.
The Municipal Clerk shall refuse to place a petition on the agenda where the
subject matter:
a) Does not meet the Communications criteria as outlined elsewhere in
this By-law;
b) Involves matters listed in section 2.5.
Signatories to a petition are deemed to have waived any expectation of privacy
as a result of the record being created for review by the general public.
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Petitions may be placed on agendas at the discretion of the Municipal Clerk,
including the summarizing of the petition and numbers of signatories.
Communications – Referred
5.18 In recent years, there have been many instances where there are one or more
communications items referred to a Report, then the Report was referred to a future
meeting. The Procedural By-law is silent on this matter and Staff are left with the
decision on whether, or not, to “drag the correspondence along with the Report”. To
clarify this, and in the interest of smaller agendas, Staff are recommending the addition
of the following to the Procedural By-law:
If communications items, or delegations, are referred to another Agenda
item, which is subsequently referred to a future meeting, there is no need
to include the communications items, or delegations, in the Agenda of the
subsequent meeting.
Communications – Staff Communications
5.19 There is currently no Agenda section for “Staff Communications”, only Staff Reports.
However, there is often no need for a full report, when a simple memo will suffice.
Therefore, Staff are recommending that, the section for “Staff Reports” be changed to
“Staff Report(s) and Staff Memo(s)”.
6. Presentations and Delegations
Definition of Presentations
6.1 The following is the current Presentation section of the Procedural By-law:
At the request of a Member of Council or the Municipality’s staff, any person(s),
organization(s), corporations(s), or appointed official(s) may be permitted to
address the Members to inform them of matters of significance to the Municipality
provided that the request has been submitted to the Municipal Clerk by 12:00
noon the Wednesday preceding the Meeting.
Presentations shall include only the following:
a) Civic recognition / awards;
b) Presentations by Municipal staff or consultants retained by the
Municipality; or
c) Presentations from senior levels of government or agencies thereof, or
other municipal governments.
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6.2 There was a concern expressed that it may not be a good use of Council’s time to
listen to “information presentations”, which may be prolonging meetings. To address
this concern, Staff are recommending that “Information presentations” (i.e. not seeking
a resolution or direction from Council), not requested by Council or Staff and that are
described by sub-section (c) above, must submit a written summary of their
presentation to be included in the ECCIP. Should any Member of Council wish to hear
the presentation, the presentation can be placed on a future agenda. It should be noted
that this will delay the information being presented to Council.
Combining Presentations and Delegations
6.3 Over the years, the Procedural By-law has changed with respect to the placement of
delegations and presentations on the agenda. The most recent change was to ensure
that delegations came ahead of presentations (so that the public didn’t have to wait
through presentations). There have always been competing needs between
delegations and presentations and where they are placed on the agenda. Oftentimes,
they are moved around, during the meeting, in order to accommodate these needs.
6.4 In order to streamline the meetings, and to give more certainty to delegations and
presentations on when they might be heard, Staff are recommending that the sections
of Delegations and Presentations be combined and that the order, listed on the
agenda, be determined by the Municipal Clerk, depending on the topics. For instance,
there may be a presentation from the Region which has related delegations. These
could all be listed following each other rather than delegations under one section and
presentations under another section.
Restricted Topics for Delegations
6.5 Currently the only requirement for a delegation is that the item must appear on the
agenda for the meeting that deals with the matter under its mandate. This could lead to
delegations appearing at Council on matters which are being handled in a different
method. Upon reviewing some other municipalities’ by-laws, Staff are recommending
that the following be added:
“Persons desiring to verbally present information on matters of fact, or to make a
request to Council, shall give notice, including the subject of their address and
their desired action requested of Council, to the Municipal Clerk by the Agenda
deadline.
Delegations that relate to matters described in section 2.5.”
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Deadline for Delegations
6.6 The current Procedural By-law requires that delegations shall notify the Municipal Clerk
no later than 15 minutes prior to close of business on the Friday preceding the meeting.
This has always cut it close because Staff are required to send out an updated agenda
15 minutes prior to close of business, but we are further compounded recently with the
implementation of electronic meetings. When we add a delegation, we need to send
them the link and we offer to do a test for them to become familiar with participating in
an electronic meeting, all of which requires time, and the same Staff person is
responsible for these tasks. As a result, Staff are recommending that the deadline be
moved up to be “one hour prior to close of business on the business day preceding the
meeting” (which is the proposed Agenda Update deadline) but delegations are
encouraged to register prior to noon on the Wednesday prior to the meeting to be
included in the published agenda.
6.7 There have been instances where a delegation at Committee registers after the
publication of the initial agenda, on a matter not before Committee. This results in a
“surprise” matter appearing on the update agenda on Friday afternoon, which does not
provide enough notice to other residents that Committee may be considering a matter.
In order to provide this notice, Staff are recommending the following be added to the
Procedural By-law (similar to how the Region handles delegations):
“Where a delegation request is received after the Agenda Deadline and the
matter is included on an agenda for a meeting, the request will be added to the
addendum for the applicable meeting if written notice to the Clerk is received by
the Agenda Update Deadline for the appropriate Standing Committee.
Where a delegation request is received after the Agenda Deadline and the matter
is not included on the agenda for the meeting, then the request will not be
placed on the immediate agenda but rather would be a future Agenda of the
appropriate Standing Committee.
A delegation, not listed on the agenda, shall not be heard without the consent of
at least 2/3 majority of the Members present and shall be pertaining to an item
listed on the Agenda.”
Notification to be Listed as Delegation at Public Meeting
6.8 The current Procedural By-law states:
A person wishing to make representation on a matter for which a Public Meeting
is held, is not required to give written notice or to be listed on the PD Committee
agenda for the Meeting in question.
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6.9 Given the recent changes made to accommodate electronic participation, Staff are
suggesting that the following changes be made to the above section:
Replace:
“not required to give written notice”
With:
“not required to give notice, unless it is required as part of electronic meeting
participation procedures as set out by the Municipal Clerk”.
Deadline for Electronic Presentations
6.10 Currently Delegates or Presenters with electronic presentations have until “close of
business the Friday preceding” to provide their presentations. However, this leaves it
too close to the end of business day (when staff are also trying to get out an update to
the agenda), which does not allow for extra time should there be a technical problem
with the presentation (or if it is not accessible). Additionally, if the meeting is not on a
Monday, specifying Friday is not applicable. Therefore, Staff are recommending the
following change to the Procedural By-law:
“Presentations must be provided to the Municipal Clerk’s Department no later
than close of business the Friday preceding the commencement of the Meeting.”
Be replaced with the words:
“Presentations must be provided to the Municipal Clerk’s Division no later than
2:00 pm on the business day preceding the commencement of the Meeting.”
Length of Delegations & Presentations
6.11 Currently delegations are limited to ten minutes. This was a chan ge from the previous
five minutes. There has been some suggestion from Members of Council that
delegations be changed back to five minutes.
6.12 Attachment 3 is a summary of the length of time given for delegations and
presentations by each of the Durham Area municipalities.
6.13 Staff are concerned about this change as often the ten -minute time limit is extended by
Members suspending the rules, however given the fact that the majority of Durham
Region is five minutes, including the Region, and that it furthers the goal of smoother,
shorter meetings, Staff are recommending a change to five minutes in the hopes that it
will make meetings more efficient.
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6.14 Similarly, since Clarington’s Procedural By-law has been silent on a speaking limit for
Presentations, Staff are recommending that the limit be set at 10 minutes, which is in
line with the majority of Durham Region area municipalities.
6.15 Additionally, a concern was raised about delegations/presentations not directly
answering questions asked by Members. To address this p roblem, Staff are
recommending the addition of an item under “Conduct of Delegations and Presenters”,
as follows:
“……shall not:
deviate from answering directly when answering a question.
Asking Questions of Staff during Presentations/Delegations and Elsewhere in Agenda
6.16 There appears to be a perception that Members of Council cannot ask Staff questions
during delegations or presentations. This could lead to misinformation during the
question period and other times during the meeting. However, the current Procedural
By-law does contain a section which states that, when a Member is recognized, they
may ask questions of any Member, CAO, or Department Head (or designate) but only
for the purpose of obtaining information.
6.17 Further, for other Members of Council, there is a concern that the above existing
section allows questions to be asked regarding any matter. Therefore, in the interest of
keeping the meeting limited to the matters on the agenda, Staff are recommending that
the following wording be added to the end of the above referenced section:
“on matters contained on the Agenda.”
Delegations Speaking to Another Delegation
6.18 The current Procedural By-law contains the following within the delegation section:
“No further delegations may be made in respect of a delegation placed on an
agenda in accordance with this subsection.”
6.19 This section is quite ambiguous, so Staff are suggesting that, for clarity, the following
be added to the above section:
“For clarity, a delegation cannot be a delegation to another delegation as a way
of circumventing other rules outlined in this by-law.
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Delegations Speaking to the Same Matter Twice
6.20 The current Procedural By-law is silent on whether a delegation can speak to the same
matter twice in the same meeting. We have had instances where a delegate wishes to
speak on Matter A at the Public Meeting; and also register as a delegation to speak on
Matter A at the same Planning and Development Meeting. In order to clarify this, Staff
are recommending that the following be added to the Procedural By-law:
“No delegation may speak to the same matter twice within the same meeting.”
Disposition of Delegations and Presentations
6.21 There was a suggestion that we remove the requirement to dispose of delegations and
presentations by not moving a motion to “receive for information” or “receive with
thanks” in order to shorten meetings. However, there are several reasons for keeping
this practice. It allows the delegation/presenter to understand that their delegation has
come to an end, and that they have been heard. Additionally, it adheres to the concept
of Committee/Council “considering” each item on the agenda (i.e. there is no ambiguity
in the minutes). Most importantly, it provides direction to staff on whether to send a
communication to the delegation/presenter. If the resolution is “receive for information”,
no communication will be sent. If the resolution is “receive with thanks” a letter
containing the resolution and thanking the delegation/presenter will be sent.
6.22 However, there is no need to move a motion when the delegation/presentation pertains
to another matter, yet to be considered, on the current Agenda (i.e. it is understood that
the decision on the delegation/presentation will be made when the related item is
considered). The current Procedural By-law outlines how to dispose of a delegation
and Staff believe no further clarification is required:
“When a delegate is addressing a matter that is not otherwise included on the
agenda, a motion to deal with the delegation sh all be in order immediately
following the conclusion of the delegation.”
6.23 Staff are recommending that the above wording remain and Members are reminded
that if a delegation is present regarding another matter on the agenda, there is no need
for a motion about that delegation as their delegation is deemed to have been
considered during the disposition of the other matter.
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7. Committee Reports
7.1 The Committee Report is a report from the Standing Committee (General Government
or Planning and Development), which details the recommendations of the Committee
and is formatted such that any decisions requiring Council’s approval are reported.
Currently, there is no clear direction, within the Procedural By-law, as to what is
required to be a part of a report from a Standing Committee although the Municipal
Clerk follows general guidelines for what is included in the Committee Report and
incorporated them into a Department Procedure. The Procedure states that all
resolutions passed at the Committee level must be ratifie d by Council to be acted upon.
The exceptions to this requirement are procedural motions (altering the agenda,
recess, suspend, rise and report) and resolutions which refer or postpone a matter. If a
resolution was amended, the complete resolution, inclu ding amendments, is placed on
the Committee Report.
7.2 Even through the implementation of the eSCRIBE software, there is no way to
automate the creation of the Committee Report. It is time consuming, and sometimes
double work (i.e. if a mistake is found in the minutes, it also needs to be corrected in
the Committee Report). The Deputy Clerk reviews the minutes then the Committee
coordinator must copy and paste the resolutions from the minutes into the report
template taking care to ensure all amendments are incorporated correctly. Then the
Deputy Clerk reviews the Committee Report for accuracy, comparing it against the
minutes. The Committee Report goes to Council for approval. The Committee minute s
go to the next Committee meeting for approval.
7.3 In an effort to improve efficiency and to reduce duplication of effort, Staff are
recommending that the Committee minutes go directly to Council for Council approval
(i.e. no need for a Committee Report and no need for the minutes to be considered at
the next Committee meeting). Staff recognize that part of the reasoning behind the
current Committee Report is to “boil down the resolution” so that it includes any
amendments for clarity. To that end, Staff are recommending that the minutes include
a summary of recommendations, including amendments, at the end of the item for
resolutions that have amendments.
7.4 For instance, instead of saying, “The foregoing resolution was then put to a vote and
carried as amended.”, it would say “The foregoing resolution was then put to a vote and
carried as amended, as follows: xxxxxx”, and this would be followed by the resolution
being displayed in full.
7.5 The Council resolution would be similar to “That Committee recommendations be
approved and the minutes of the Committee meeting dated March 2, 2021 be adopted
as printed.”
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7.6 This change would also provide clarity to Staff and the public in understanding, from
the minutes, the final recommendation. The result would be one less step for both the
Committee Coordinator and the Deputy Clerk.
8. Rules of Debate and Conduct
Questions by Members
8.1 A suggestion was made that Members be allowed to “ask as many questions as they
like” on a matter at Committee. The suggestion is centred around removing the need
to suspend the rules to allow a Member to speak to a matter for a second/third time
around. This suggestion goes against one of the concerns, that was expressed by
others, that there is too much discussion on a matter which leads to longer meetings.
8.2 The current by-law contains the following wording:
“No Member shall speak more than once to the same question without leave of
Council or Committee, as the case may be, except that a reply shall be allowed
to be made only by a Member who has presented the motion, but not by any
Member who has moved an amendment or procedural motion in response to that
motion.”
8.3 Currently, should a Member wish to speak further, Council/Committee has been
suspending the rules to allow this (requiring a ¾ majority vote).
8.4 Staff have reviewed other Municipality’s Procedural By-laws and found similar wording
to the above for speaking at Council meetings, including the Region of Durham which
has the exact same wording but only for the Committee of the Whole, whe reas
Clarington uses it in both Committee and Council.
8.5 To address the suggestion, and to make it less onerous for a Member to speak a
second time on a matter before Committee, Staff are recommending that the following
wording be added to the existing subsection to clarify that “without leave of Council”
can be done by a simple majority:
“No Member shall speak more than once to the same question without leave of
Council or Committee, as the case may be, by a simple majority, except that a
reply shall be allowed to be made only by a Member who has presented the
motion, but not by any Member who has moved an amendment or procedural
motion in response to that motion.”
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Motions - Business Arising from Procedural Notices of Motion
8.6 For clarity, and to avoid duplication with the notice subsection, Staff recommends that
Business Arising subsection be changed from:
“A Procedural Notice of Motion properly given at a previous Council meeting or
which has been delivered to the Municipal Clerk prior to 12:00 noon the
Wednesday preceding the Meeting at which it is to be presented for
consideration, shall be listed on the agenda for the Meeting, and shall be dealt
with at that meeting.”
To:
“A Procedural Notice of Motion where notice has been properly given in
accordance with subsection XXX, shall be listed on the agenda for the Meeting,
and may be dealt with at that meeting.”
Motions - Consent Resolutions
8.7 Although Committee and Council regularly use the concept of a “Consent Agenda”
when moving resolutions that deals with more than one agenda item at the same time,
this concept has not been outlined, or defined, in the Procedural By-law. Therefore, for
clarity, Staff are recommending the addition of a new definition and a new section, as
follows:
“Consent Resolution” means two or more items that are approved in a single
motion without debate subject to the agreement of the majority of Members.
Should a Member wish to discuss an item on a consent resolution, including with
a change to the recommended motion, they would request the item be “pulled”
from the consent resolution and that item would be discussed separately.
Should a Member have a pecuniary interest in an item on a consent resolution,
the item shall be removed from the consent resolution and dealt with separately.
Should a Member wish to simply discuss an item on a consent resolution, but not
change the recommended motion, the Member may do so without “removing” the
item from the consent resolution.
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8.8 A concern was raised regarding the need for “individual motions for items that are
simply referred to another item on the agenda”. Given that the above codifies the
current practice of consent resolutions, Staff believe this concern has been addressed.
However, Staff will endeavour to “add related items” together on agendas so that fewer
items are considered. For instance, if there are communication items related to a
report or Advisory Committee minutes, Staff will endeavour, where possible, to add the
communication item to the related item on the agenda. This is a practice that Staff
have started recently and we believe it has been effective.
Motions – to Divide
8.9 The current Procedural By-law only gives the following direction regarding motions to
divide:
“A motion containing distinct proposals may be divided and a separate vote shall
be taken upon each proposal contained in a motion if decided upon by a majority
vote of the Members present and voting.”
8.10 There is sometimes confusion as to what is being voted on and whether a mover and
seconder is needed for the part that is divided out. To provided clarity, Staff are
recommending the following wording be added:
“For clarity, a motion to divide shall be handled as follows:
a) Original motion is duly moved and seconded;
b) Mover and seconder for a motion to decide whether to divide ABC from
the motion;
c) If the motion to divide passes, the Chair calls the vote on the balance;
d) A new mover and seconder is required to move ABC and the Chair
calls the vote on ABC.
Motions – In Writing
8.11 Currently, the Procedural By-law prescribes that, except for procedural motions, all
motions at a Council meeting must be in writing. For Council meetings, this tends to
result in extra work and bureaucracy for Staff to prepare and distribute standard
resolutions (i.e. adopting minutes; approving reports from Standing Committees; and
passing by-laws). In order to streamline the process, Staff are proposing that the Chair
will call for a mover and seconder for these motions during the meeting.
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Motions – Refer
8.12 The current Procedural By-law states:
“A motion to refer a matter under discussion by Council or Committee shall be
considered before all amendments to the main question are considered until the
motion to refer is decided.”
8.13 Although this subsection makes it clear that the referral motion takes precedence, it is
not clear on whether a referral can be on an amendment only; and whether the referral
of an amendment or main motion also automatically refers the other. For clarity, Staff
are recommending the addition of the following:
“A motion to refer a matter where an amendment is currently under
consideration, shall be considered a motion to refer the original matter and any
amendments that have been put to a vote, and shall include an amendment that
has not yet been decided.”
Motions – Tabling Motion
8.14 In the past, there has been some ambiguity about the use, and lifting, of tabling
motions. Clarington Council has been using tabling and referring somewhat
interchangeably. However, a tabling motion comes with the notice provisions that
sometimes bogs down meetings. To avoid this, Staff are recommending that a tabling
motion only be used if the intention is to table a matter indefinitely. If the intention is to
consider the matter at a future time, a referral motion should be used.
9. Procedural Notices of Motion and Notices of Motion
9.1 A suggestion was made to remove “notices of motion” and to allow New Business
items to be introduced, at Council, without prior notice and reference was made to
previous Municipal Clerk’s reports regarding the same matter.
9.2 Clarington has Procedural Notices of Motion (to deal with rescind and reconsideration
type of motions) and New Business, which was originally called Notices of Motion and
is now New Business. The concept of calling it “Notices of Motion” relates to a Member
being required to submit a Notice of Motion to introduce new business at the next
meeting of Council. For discussion on New Business, see the “New Business” section
of this report. The following is a discussion on Procedural Notices of Motion.
9.3 Staff have summarized how the Durham Area Municipality’s handle procedural notices
of motion in Attachment 4.
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Mover or Seconder Not Present
9.4 The current Procedural By-law is silent on whether the Member needs to be present
when the procedural notice of motion is considered. For clarity, Staff are
recommending the addition of the following:
“The Member who moved, or seconded, the procedural notice of motion is not
required to be present when the related procedural notice of motion is
considered. However, a new mover or seconder will be required for the notice of
motion to be in order.”
Original Motion has been Implemented
9.5 The By-law is also silent on whether a motion to reconsider, or amend, is always in
order. For clarity, Staff are recommending the addition of the following, which is
wording that is used in Waterloo:
“No motion to reconsider, or amend, a decided matter of Council shall be in order
when the original motion has been implemented resulting in a legally binding
commitment that is in place on the date that a motion to reconsider, or amend, is
to be debated.”
Tabling
9.6 The current By-law states that the procedural notice of motion “shall be given to the
Municipal Clerk, in writing from the mover and seconder at a meeting of Council….”.
However, the current accepted practice is such that, if a resoluti on of Committee or
Council indicates that a matter be tabled to a future meeting, the Municipal Clerk
deems that the Council minutes satisfy the ‘in writing by the mover and seconder”
portion. Staff are recommending wording changes to be in line with the current
practice.
Including the New or Amended Motion
9.7 Similarly, the By-law is silent on whether the new, or amended motion, needs to be
contained within the Procedural Notice of Motion. Staff are recommending that the
new, or amended motion, be contained in the written Procedural Notice of Motion for
reconsideration or amending something previously adopted by Council.
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Procedural Notices of Motion Initiated by Members
9.8 Currently subsection 7.13, regarding Procedural Notices of Motion, only allows for
certain types of motions (i.e. tabling, rescinding, reconsiderations, etc.) to start with a
motion from a previous Council meeting. However, in practice, these motions have
been allowed as long as they are on the agenda, with a mover and seconder (this
satisfies the need for transparency). Staff are recommending wording changes to be in
line with the current practice.
More Notice
9.9 For clarity, and to be in line with the current practice, Staff are recommending that the
Procedural By-law be changed as follows:
FROM
A Procedural Notice of Motion introducing a motion to amend something
previously adopted by Council, to lift a matter from the table, to rescind a
previous decision of Council, or to reconsider a previous decision of
Council as described in Sub-sections 10.12.17, 10.12.24, 10.12.26 and
10.12.28, respectively, shall be given to the Municipal Clerk, in writing
from the mover and seconder at a meeting of Council, but shall not be
debated until the next regular meeting of Council.
TO
1. A Procedural Notice of Motion introducing a motion to amend
something previously adopted by Council, to lift a matter from the table, to
rescind a previous decision of Council, or to reconsider a previous
decision of Council, shall be given to the Municipal Clerk including the
date when it will be considered in writing, from the mover and seconder,
prior to the Agenda deadline.
2. Where a Procedural Notice of Motion has been given under
subsection 1, for a “motion to amend something previously adopted by
Council” or a “reconsideration”, the details of the amendment and
proposed new resolution for a reconsideration respectively shall be
included in the Procedural Notice of Motion.
3. Where a Procedural Notice of Motion has been provided to the
Municipal Clerk in accordance with the notice provided, prior to the
Agenda Deadline, it shall be placed in the “Business Arising from
Procedural Notices of Motion” section of the Council Agenda.
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Reconsideration
9.10 There was a question regarding reconsidering decisions passed by a previous term of
Council. After reviewing other municipal procedural by-laws it is being recommended
that the following be added to the Reconsideration section:
"unless the reconsideration is on a matter passed by a previous Council wherein
a simple majority is sufficient to reconsider the matter."
10. New Business
New Business - Introduction
10.1 Although the following wording was recently added to all agendas within the New
Business-Introduction section, it is out of context with New Business and may be
confusing for the public:
As outlined in Corporate Policy F-11 Transparency and Accountability, the
Municipality of Clarington is committed to ensuring that it is accountable to the
public for its actions, through responsible and transparent behaviours and the
manner in which the municipality will try to ensure that its actions are transparent
to the public. Accordingly, Members of Council will endeavour to provide New
Business resolutions in advance of the meeting.
10.2 Additionally, with the proposal for New Business, outlined below, the section “New
Business – Introduction” is not required.
New Business – at Committee
10.3 Currently there is no requirement that Members provide New Business items in writing,
except for “where requested by the Chair”. Recently, in an effort to provide more
notice, mainly for the sake of residents and Members of Council, Members have been
encouraged to provide New Business items in writing to the Clerk ahead of time. When
it is received prior to publication, it is added to the agenda. There is difficulty when the
item is received after publication. One concern is that it is usually after hours and
places a burden on staff to check for these items and forward to Members of Council.
However, this also results in not being made public prior to the meeting and the
possibility of straying into “furthering business in a closed meeting” by forwarding an
agenda item to all Members of Council. Staff do not want to discourage Members from
forwarding written resolutions as it provides for a smoother meeting, but as stated, this
comes with its own issues.
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10.4 Therefore, in order to address these issues, Staff are recommending a “graduated
threshold system” to allow new items to be placed on a Committee Agenda. This way,
the public would have the opportunity to provide comment on the New Business Item
(as publishing in the update agenda or during the meeting is too late for public input).
Additionally, Members of Committee will be able to determine, prior to the meeting,
whether they have a pecuniary interest. Similarly, if all items are included in the
agenda, there is no need to “Adopt the Agenda”. Therefore, Staff are also
recommending the removal of the “Adopt the Agenda” section (as there will be no
need), which will also streamline the meeting and simplify the agenda.
10.5 Staff are recommending the New Business section for Committee be replaced with the
following wording:
Members may only introduce a motion on New Business provided that the matter
was introduced in accordance with the notice provisions.
Notice of New Business items will be satisfied if a Member submits a New
Business item, in writing, to the Municipal Clerk prior to the Committee Agenda
deadline. The New Business Item will be included in the New Business –
Consideration section of the Agenda.
Any changes in wording to a New Business item after publication of the Agenda,
shall require an amendment.
If a Member submits a New Business item to the Municipal Clerk after the
Committee Agenda Deadline and prior to the Committee Agenda Update
Deadline, it will be included in the Committee Agenda Update under the New
Business – Introduction section of the agenda, and it will require a 2/3 vote of the
Members present, and voting at the meeting, to be added to the agenda for
discussion under the New Business – Consideration section of the agenda with a
note for the required 2/3 vote to be discussed.
If a Member submits a New Business Item, that is not included in the agenda, it
shall be in writing, and shall not be considered until the next appropriate Regular
Committee meeting.
A motion to request a report from Staff regarding a matter not listed on the
agenda is not considered New Business but can be introduced under the
"Requests for Staff Reports" section of the agenda.
10.6 No seconder will be required at the time of providing notice.
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10.7 As stated, currently the Procedural By-law states that New Business Items shall be “in
writing if requested by the Chair”. With the above requirement that the New Business
item must be part of the agenda, this section is no longer required.
New Business – at Council
10.8 It has also been suggested that New Business be allowed to be added to a Council
agenda without having been considered at a Committee meeting.
10.9 A section regarding Notices of Motion related to New Business was introduced in 2007
when By-law 2007-227 was passed, arising out of changes recommended in Report
CLD-041-07. The section required Members to place the Notices of Motion on a
Council agenda ahead of time. The rationale for adding it was that “all business before
the Council is to receive proper public notice, therefore, introduction and immediate
debate of an item of new business should not be occurring at a Council meeting.
Should a member of Council wish to debate a matter, a notice of motion could be
introduced under this section of the agenda and will appear on the next regular meeting
agenda (under the heading of Business Arising from Notices of Motion) for debate at
that time.” The result was that the following sections were added to the Procedural By-
law:
7.12.1 Notices of Motions introducing new matters, except for those motions
listed under subsection 10. 12. 8 (motions without notice, without leave and
without debate) shall be given to the Municipal Clerk, in writing and signed by the
mover and seconder at a meeting of Council, but shall not be debated until the
next regular meeting of Council.
7.12.2 Where a Notice of Motion has been given under subsection 7. 12. 1, the
Notice of Motion shall be printed in full in the Agenda, under "Business Arising
from Notice of Motion" for that meeting of Council and each succeeding meeting
until the motion is considered or otherwise disposed.
7.12.3 When a Member's Notice of Motion has been called by the Chair at two
successive meetings and not proceeded with, it shall be removed from the
agenda for all subsequent Meetings, unless Council otherwise decides.
7.12.4 Notwithstanding anything contained in this subsection 7. 12, a motion
introducing new matters may be introduced without notice to Council, upon
suspending the rules in accordance with subsection 2. 2.
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10.10 Arising out of Report CLD-007-11, a new Procedural By-law 2011-016 was passed
which still contained the Notices of Motion to get New Business items on Council.
Discussion occurred, at that time, over concerns abo ut the higher requirement for
Notices of Motion to introduce new business at Council than Committee. Staff pointed
out that the changes to the Municipal Act in 2007 provides a higher requirement for
accountability and transparency and recommended that the section remain.
10.11 Later in 2011, Council approved the following resolution to amend the Procedural By-
law regarding this matter, which resulted in By-law 2011-037. This effectively removed
New Business at Council unless the rules were suspended:
“Whereas a 'Notice of Motion' delivered before Council forces the introduction of
an item on the following Council agenda, without discu ssion, debate or staff
input;
And Whereas good and meaningful governance requires fulsome debate, due
consideration, and open public consultation;
Therefore be it resolved that the Procedural By-law, By-law 2011-016, be
amended by deleting Sections 7.12.1, 7.12.2 and 7.12.3 'Notices of Motion', and
related sections, with the exception of procedural matters, to remove the
opportunity to introduce new motions at Council without suspending the rules.”
10.12 When passing the current Procedural By-law 2015-029, arising out of Report CLD-006-
15, Council made changes to the proposed by-law which resulted in the following
changes related to New Business:
• New Business at Committee only – can be introduced at the meeting
• Must state it in the New Business Introduction section at the beginning of
the Meeting before adopting the Agenda and the Chair will ask the
Committee members if they have any matters or motions they intend on
raising later in the meeting
• Will be considered in the New Business - Consideration section
• At the conclusion of each Department portion of the Committee Agenda
the members can ask questions but cannot introduce a motion at that
time.
• Motion to adopt, only at Committee meetings, and close the Agenda from
new items being added. Not intended to debate the merits of adding a
particular item.
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• Matters added prior to adopting the agenda will be dealt with under the
New Business – Consideration section
• New Business – Consideration – at Committee Only - Any items added by
a member, prior to adoption, will be dealt with in this section.
• Can also add “on the fly” motion to “allow an additional item of new
business” by vote of simple majority.
10.13 Current Staff are of the same opinion as Staff in 2011 and 2015, in that, in order to
provide for accountability, transparency and fairness to residents and Members of
Council, there needs to be as much notice as possible in order to allow residents to
provide input into decisions and Members of Council to conduct any required research
and determine if they have a pecuniary interest in the matter.
10.14 For instance, if the new business item was introduced at Committee and recommended
to Council, the public would have a second chance to speak to a matter if they were
unable to attend one of the meetings. Putting new business items on Council directly
results in a final decision of Council, without notice. Additionally, if new items are
regularly going to be introduced at Council, even with notice, it takes away the role of
Committee discussing, considering, and recommending to Council.
10.15 See Attachment 4 for a summary of how the Durham Area municipalities handle New
Business (aka Notices of Motion).
10.16 Therefore, Staff cannot recommend allowing New Business items to be put on Council
directly and therefore are recommending that the “on the fly” motion of simple majority
be deleted.
10.17 However, Staff recommend that “requests for staff reports” be excluded from New
Business and allowed at both Committee and Council. See next section of this report,
regarding “Requests for Staff Reports”.
Requests for Staff Reports
10.18 Currently, if a Member wishes to request a staff report, it is done either with a formal
resolution or “motion for direction” which is simply a verbal request at a meeting and
cannot be done at Council, only Committee. The informal request sometimes results in
staff preparing a report that is not requested by a majority of Council and is not clearly
defined. In order to provide timeliness and flow of communication, Staff are
recommending that a new section be introduced, at both Council and Committee, to
allow “Request for Staff Reports”. This is an approach that has worked well in other
municipalities, including Pickering and Bradford West Gwillimbury (which used this
approach at Committee of the Whole).
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10.19 This would require a motion by a simple majority and would be limited to only the
request for a Staff report (i.e. it couldn’t be combined with a policy decision or direction
to staff), and would not be considered part of New Business. Additionally, it should
only be used when there is an urgency and the request cannot be made at a
Committee meeting.
11. Housekeeping
11.1 During this review of the Procedural By-law several housekeeping amendments were
identified and are included in the proposed new by-law. In particular, but not limited to:
Addition of, or slight changes to, some definitions (Act, Closed Meeting,
Emergency Meeting, Joint Meeting, Reconsideration, Rescind, Refer, Special
Meeting, Table, Substantive Motion)
Moving some of the “electronic meeting participation” provisions (i.e. putting
definitions in definitions, etc.)
Changing references to “Clerk’s Department” to “Clerk’s Division”
Changing references to “Planning Services Department” to “Planning and
Development Services Department”.
Changing references to “he” or “his” to “they” or “their” respectively.
First Meeting of Council – pursuant to changes to the Municipal Act, shall be
within 31 days of the beginning of the new Council Term (i.e. beginning in 2022,
November 15 is the beginning of the term).
Removal of contradictory wording such as “preference be given that meetings
shall be held in Clarington”.
Cleaning up the language around portable electronic devices
Adding a section on cancellation of meetings (similar to the Region of Durham)
Removal of requirement for minutes to be signed by Mayor and Clerk as we have
discontinued signing the minutes, as of January 1, 2021, due to COVID-19,
accessibility of documents, and efficiency reasons.
Subsections 10.6.1 and 10.6.2, regarding the appeal of the ruling of the chair,
were duplicates of each other, so we are removing one subsection.
Adding wording to clarify the current practice of Members “not entering into a
debate with delegations”.
Changing the Agenda Section Title from “Confidential Reports” to “Confidential
Items”.
Where possible, only added one section if it pertains to multiple meeting types.
Renumbering of subsections and minor grammar or typos.
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12. Concurrence
Not Applicable.
13. Conclusion
To realize staff and meeting efficiencies, to provide for improved accountability and
transparency, to improve customer service and response times, and to improve the flow
of agendas and meetings, it is respectfully recommended that Procedural By-law
2015-029 be repealed and the proposed procedural by-law, attached as Attachment 5
to this Report, be approved.
Staff Contact: June Gallagher, Municipal Clerk, and JP Newman, Deputy Clerk, 905-623-3379
ext. 2109.
Attachments:
Attachment 1 – Summary of Durham Area Meeting Times
Attachment 2 – Examples of Correspondence
Attachment 3 – Summary of Time Limits
Attachment 4 – Summary of Durham Area Municipalities & Notices of Motion–
Attachment 5 – Draft redlined Procedural By-law
Interested Parties:
There are no interested parties to be notified of Council's decision.
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Attachment 1
Summary of Durham Area Meeting Times
Municipality Committee Start
Time
Council
Meeting
Start
Time
Summer
Hiatus?
Notes
Clarington 9:30 am & 7:00 pm 7:00 pm July & August
Region 9:30 am 9:30 am July & August
Ajax 1:00 pm & 7:00 pm 7:00 pm August
Brock 9:30 am 6:30 pm
July Procedural By-law is
silent on hiatus.
Schedule = One Council
meeting scheduled for
Aug. 23 but no COW
Oshawa 9:30 am & 1:30 9:30 am
July & August &
March Break
Development Services
Committee meetings are
held at 1:30 p.m. on a 3
week rotation schedule
on Mondays. Planning
Act Public meetings are
held, when required, at
6:30 p.m. on the same
date as the regular
meeting.
Pickering 2:00 pm & 7:00 pm 7:00 pm July & August
Scugog 1:30 pm & 6:30 pm 6:30 pm July & August
Uxbridge 10:00 am 10:00 am
& 7:00 pm
July & August =
Once per month
only
Regular Council
meetings alternate 2nd
and 4th Monday of the
month
Whitby 6:00 pm 7:00 pm
One Special
Council Meeting
in July &
August, if
required
Procedural By-law is
silent on summer hiatus
but schedule shows
special meetings, if
required.
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Attachment 2
Examples of Correspondence
The following are examples of correspondence which has not been forwarded to Council or put
on a Council agenda, based on current Council direction regarding correspondence:
Sender Description Disposition
York & Durham
Regions
Duffin Creek Water Pollution Control Plant
Upgrades and Phosphorus Reduction
Action Plan Implementation – Invitation for
Membership
Forwarded to Engineering
Staff who contacted
sender
Several Municipalities Revisions to the Municipal Elections Act Reviewed and filed by
Clerk
Several Municipalities Repeal Schedule 8 of Bill 229 Filed
Bracebridge Infrastructure Funding Filed
Guelph Eramosa
Twp. MFIPPA Reform Resolution Filed
Oshawa Oshawa’s comments on Major Transit
Station Areas Forwarded to Planning
Oshawa
City of Oshawa Durham Region’s Municipal
Comprehensive Review: City Comments on
Employment Conversion Requests
Forwarded to Planning
Oshawa Letter of Objection to AGCO regarding 7-11
offering alcohol Filed
Grey Highlands Insurance Rates Resolution Forwarded to Treasurer
Norfolk County Exempt all primary agriculture producers
from current and future carbon taxes Filed
Town of Whitby Major Transit Station Areas Proposed Policy
Directions Forwarded to Planning
Kitchener
Urge Province to review and reconsider the
timelines for review of Planning Act
applications before an appeal is permitted
to the LPAT and to return to the timelines
that were in effect under Bill 139
Forwarded to Planning
MPAC Aggregate Resources Act – Opportunity for
Comment
Forwarded to Finance and
Planning
CLOCA, MMAH Comments on Growing the Greenbelt Forwarded to Planning
Town of Aurora Request a Federal Impact Assessment of
Highway 413 Forwarded to Planning
Town of Whitby Encouraging extension of Digital Mainstreet
Program Forwarded to CBOT
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Attachment 3
Speaking Limits
Municipality Delegation Limit Presentation
Limit
Notes
Clarington 10 minutes Not specified Currently
Region 5 minutes 10 minutes A single two minute extension may
be granted by a majority vote.
Ajax
5 minutes for
individuals; 10
minutes for group
delegations
Not specified
Brock 5 minutes 10 minutes
Can waive rules to allow delegations
to exceed; Presentations may
exceed with permission of the Chair
Oshawa
5 minutes at
Council; 10 minutes
at Committee
10 minutes
One-Time extension of two minutes
or alternative timeframes requires
2/3 majority.
Pickering 10 minutes Not specified
Scugog 5 minutes 15 minutes Presentation limit except with
permission of the Chair.
Uxbridge 10 minutes; 15
minutes for a group Not specified Delegation extension by a majority
vote.
Whitby 5 minutes 10 minutes Delegation extension by a majority
vote.
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Attachment 4
Summary of Notices of Motion and New Business
Municipality Notices of Motion New Business Notes
Clarington Procedural Motions only. May be introduced at a Committee meeting provided “is within
the mandate of the Committee”, but not at Council
Region 19.2 - Notice of Motion
(a) Notice of all new motions, except motions listed in clauses 19.1 (a) and (b), shall be given in
writing and signed by the mover and the seconder, either:
(i) at a meeting of Council but shall not be debated until the next regular meeting of Council; or
(ii) delivered to the Clerk not later than Wednesday Noon the week prior to the meeting at which the
motion is to be introduced.
(b) Where notice of motion has been given under clause 19.2 (a), the motion shall be included in the
agenda for the next regular meeting of Council and for each succeeding regular meeting until the
motion is considered or otherwise disposed of.
15.11 - Other Business
(a) A Member may introduce a motion under Other Business
without notice, if Council, without debate, dispenses with
notice on a two-thirds majority vote, in accordance with
Section 19.4 of this By-law.
(b) All requests for substantive gathering of information or the
preparation of reports from staff shall require the approval of a
majority of the Members present at a meeting and such
requests shall identify the appropriate Department and the
objective(s) of the report.
New Business
allowed with
suspension of rules
2/3 majority.
Request for reports =
simple majority
Ajax 6.28 - Notice of Motion
Motions introducing new matters, except for motions listed under Section 10.8 shall be given in
writing by the mover:
6.28.1 at a Meeting of Council, but shall not be debated until the next regular Meeting of Council; or
6.28.2 delivered to the Clerk and distributed to Council not later than noon ten days prior to the date
of the Meeting at which the motion is to be introduced and debated.
6.29 Where notice of motion has been given, the motion shall be printed in the agenda, under
"Business Arising from Notice of Motion" for the next regular Meeting of Council and for each
succeeding Meeting until the motion is considered or otherwise disposed of.
6.32 - New Business / Announcements
A period will be allowed for Members to bring matters of public
interest or community interest before Council for information.
Each member shall be limited to five minutes, and statements
shall not be intentionally controversial in nature.
New Business
deadline = Agenda
deadline
Nothing special for
Request for Report
Brock 8.10 - Notice of Motions - Council
8.10.1 A member desiring to introduce a subject for discussion by Council shall provide Notice of
Motion, in writing, with a confirmed mover and seconded, to the Clerk, by no later than 12:30 p.m. on
the Tuesday prior to the Council meeting.
8.10.2 The Clerk, upon receipt of a notice of Motion, shall print the motion in full in the agenda for the
next regular Council meeting.
8.10.3 A notice of Motion shall be considered or otherwise disposed of by the Council at the regular
meeting at which it is first introduced, unless a member objects to its consideration, in which case it
shall be considered at the next regular meeting of Council.
Not specified. New Business
deadline = Agenda
deadline
Nothing special for
Request for Report
Oshawa 22 - Notices of Motion
a) A Member may provide for a Notice of Motion to be considered at a subsequent Meeting by
submitting the written Notice of Motion to the City Clerk no later than 4:30 p.m. on the Tuesday prior
to the regularly scheduled Council Meeting for printing on the Council Meeting Agenda.
b) Notices of Motion will not be discussed as part of the business at the meeting but will be refer red to
the appropriate Standing Committee or next Council meeting for disposition. Notices of Motion printed
on the Council Meeting Agenda may be withdrawn if requested by the author of the notice of motion
by a majority vote of Council Members present and voting.
Not specified. New Business
deadline = Agenda
deadline. But
referred to another
meeting.
Nothing special for
Request for Report
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Municipality Notices of Motion New Business Notes
Pickering 16.1 - Notices of Motion
a) A Member desiring to introduce a notice of motion must do so in writing at an y Meeting, at least 10
days prior to the Meeting at which the motion will be dealt with. Introduction of notices of motion must
be done as "Other Business".
b) In order to be listed in the agenda, a copy of the motion being considered by Council, must be
forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 pm on the Wednesday
prior to the Council Meeting at which the motion will be dealt with.
c) The Clerk, upon receipt of a notice of motion in accordance with a) and b), shall print the motion in
full in the agenda for the Council Meeting at which it is to be dealt with.
18.2 - Notice of Motion
A member who wishes to give notice of a motion to be brought forward for future Council
consideration shall do so in writing under "Other Business".
18.1 - Other Business
At any Meeting under Other Business, Members may
congratulate, report on events and promote upcoming events
of public importance or interest.
18.3 - Substantive Information Reports
All Members' requests for substantive information or reports
from staff shall require the approval of a majority of Members
present at a Meeting. Such requests shall identify the
appropriate Department and / or Director and the objective(s)
of the report.
New Business
deadline = Agenda
deadline.
Request for reports =
simple majority
Scugog 7.35 - Notices of Motion
a) A Member desiring to introduce a subject for discussion by Council shall provide a Notice of Motion
in writing to the Clerk no later than 4:30 p.m. on the Tuesday prior to a Regu lar Council Meeting,
which does not include a GPA or PCA meeting. The Notice of Motion shall be seconded prior to being
placed on the Council agenda.
b) The Clerk shall place the Notice of Motion on the Council Agenda. The Notice of Motion may be
discussed and dealt with by Council unless a Member requests that the matter be dealt with at the
next Regular Council Meeting which does not include a GPA or PCA meeting.
Motion to Rescind, Amend Something Previously Adopted, Reconsideration shall be added as a
Notice of Motion.
7.36 - New Business / General Information
This section shall contain items which a Member may
introduce, which were not circulated with the Agenda and
which, due to their nature or time-sensitivity cannot be
properly presented at a subsequent Meeting of Council or
Committee. Members may raise questions regarding matters
that may be appropriate for Staff comment in the form of
immediate response or subsequent follow-up. To introduce a
matter requiring Council direction, first requires approval of
2/3 of the Members present. Upon approval of 2/3 of the
Members present the Member may introduce their motion.
Motions to receive or refer to Staff are in order and may be
passed with a simple majority. All other motions require a 2/3
majority vote of Council for approval.
New Business
deadline = Agenda
deadline. Requires
2/3 majority to
proceed.
Matter will be discuss
unless a Member
requests that it be
dealt with at next
Meeting
Uxbridge Not specified. 9.12 - Other Business
Items of business requiring the direction of Council or a formal
resolution will appear under this section in the Agenda. These
matters should generally pertain to information items and can
include Members' Reports on Advisory Committees. Any
proposal to present a Motion must comply with section 13 of
this By-law.
Silent on New
Business Items
Whitby 3.13 - Notices of Motion
3.13.1 A Member desiring to introduce a Motion at a Meeting regarding a matter that would not
otherwise be considered by the Council at such Meeting, shall deliver a written copy of the Motion,
with a confirmed mover and seconder, to the Clerk not later than Wednesday noon before the regular
Meeting of the Council at which notice of the Motion is to be given.
3.13.2 The Clerk, upon receipt of a notice of Motion, shall print the Motion in full in the agenda for the
next regular Meeting of the Council.
3.13.3 A notice of Motion shall be considered or otherwise disposed of by the Council at the regular
Meeting at which it is first introduced, unless a Member objects to its consideration, in which case it
shall be considered at the next regular Meeting of the Council.
3.13.4 Any Member of the Council may agree to second a notice of Motion if the seconder is absent
from the Meeting.
Not specified. New Business
deadline = Agenda
deadline.
Matter will be discuss
unless a Member
requests that it be
dealt with at next
Meeting
Page 102
i
Attachment 5 to Report LGS-017-21
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Municipality of
Clarington
Procedural By-law
2021-xxx
As of XXX, 2021
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Table of Contents
Section 1 – Definitions and Interpretation ............................................ 61
Section 2 – General Provisions ........................................................... 105
2.1 Applicability ................................................................................................. 105
2.2 Suspension of Rules of Procedure .............................................................. 115
2.3 Issue not Addressed ................................................................................... 115
2.4 Electronic Participation ............................................................................... 115
Section 3 – Duties of the Mayor and Council ...................................... 126
3.1 Duties of the Mayor ..................................................................................... 126
3.2 Appointment of Deputy Mayor ..................................................................... 137
3.3 Participation of Chair in Debate ................................................................... 137
3.4 Duties of a Member of Council .................................................................... 137
Section 4 – Meetings ............................................................................ 148
4.1 Regular Meetings ........................................................................................ 148
4.2 Special Meetings ......................................................................................... 148
4.3 Emergency Special Meeting ........................................................................ 159
4.4 First Meeting of Council............................................................................... 159
4.5 Seating and Persons within Council Ring.................................................... 159
4.6 Quorum ..................................................................................................... 1510
4.7 Meetings Open to Public ........................................................................... 1610
4.8 Closed Meetings ....................................................................................... 1610
4.9 Notice of Meeting ...................................................................................... 1711
Regular Meetings ...................................................................................... 1711
Special Meetings ....................................................................................... 1812
Emergency Special Meetings .................................................................... 1812
4.10 Length of Meetings / Scheduled Break ..................................................... 1812
4.11 Portable Electronic Devices ...................................................................... 1813
4.12 Video Recording of Council and Committee Meetings .............................. 1913
4.13 Cancellation of Meetings ........................................................................... 1913
Section 5 – Committees ..................................................................... 2014
5.1 General ..................................................................................................... 2014
Exceptions ................................................................................................. 2014
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5.2 General Government Committee (GG) ..................................................... 2014
5.3 Planning and Development Committee (PD)............................................. 2115
5.4 Appointments to Municipal Service Boards, Local Boards, Advisory
Committees and Corporations ................................................................... 2216
Section 6 – Agendas and Minutes ..................................................... 2216
6.1 Council Agenda ......................................................................................... 2216
6.2 GG Committee Agenda ............................................................................. 2317
6.3 Planning and Development Committee (PD) Agenda ............................... 2418
6.4 Special Committee Agendas ..................................................................... 2519
6.5 Meeting Minutes ........................................................................................ 2519
Section 7 – Order of Proceedings - Council ..................................... 2620
7.1 Call to Order .............................................................................................. 2620
7.2 Disclosure of Pecuniary Interest ................................................................ 2720
7.3 Announcements ........................................................................................ 2821
7.4 Adoption of Minutes of Previous Meeting(s) .............................................. 2921
7.5 Presentations ............................................................................................ 2822
7.6 Delegations ............................................................................................... 2923
7.7 Reports / Correspondence Related to Delegations / Presentations .......... 2923
7.8 Communications ....................................................................................... 3024
7.9 Staff Reports and Communications ........................................................... 3125
7.10 Business Arising from Procedural Notice(s) of Motion .............................. 3125
7.11 Unfinished Business .................................................................................. 3225
7.12 Confidential Items ..................................................................................... 3226
7.13 By-laws...................................................................................................... 3226
7.14 Procedural Notice(s) of Motion .................................................................. 3327
7.15 Other Business / Questions for Department Heads .................................. 3428
Section 8 – Order of Proceedings – Standing Committees ............. 3428
8.1 General Government Committee (GG) ..................................................... 3428
8.1.1 Call to Order .............................................................................................. 3428
8.1.2 New Business - Introduction ...................................................................... 3428
8.1.3 Adopt the Agenda ..................................................................................... 3429
8.1.4 Disclosure of Pecuniary Interest ................................................................ 3529
8.1.5 Announcements ........................................................................................ 3529
8.1.6 Minutes of Previous Meeting(s) ................................................................. 3529
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8.1.7 Presentations ............................................................................................ 3529
8.1.8 Delegations ............................................................................................... 3530
8.1.9 Reports / Correspondence Related to Delegations Presentations ............ 3530
8.1.10 Communications ....................................................................................... 3530
8.1.11 Staff Reports and Communications ........................................................... 3630
8.1.12 New Business - Consideration .................................................................. 3631
8.1.13 Unfinished Business .................................................................................. 3731
8.1.14 Other Business / Questions for Department Heads .................................. 3731
8.1.15 Confidential Items ..................................................................................... 3731
8.2 Planning & Development Committee (PD) ................................................ 3831
8.2.1 Call to Order .............................................................................................. 3831
8.2.2 New Business -- Introduction .................................................................... 3831
8.2.3 Adopt the Agenda ..................................................................................... 3832
8.2.4 Disclosure of Pecuniary Interest ................................................................ 3832
8.2.5 Announcements ........................................................................................ 3832
8.2.6 Minutes of Previous Meeting(s) ................................................................. 3832
8.2.7 Public Meetings ......................................................................................... 3832
8.2.8 Delegations ............................................................................................... 3933
8.2.9 Presentations ............................................................................................ 3933
8.2.10 Reports / Correspondence Related to Delegations Presentations ............ 3933
8.2.11 Communications ....................................................................................... 3933
8.2.12 Staff Reports and Communications ........................................................... 4033
8.2.13 New Business -- Consideration ................................................................. 4034
8.2.14 Unfinished Business .................................................................................. 4034
8.2.15 Other Business / Questions for the Department Heads ............................ 4034
8.2.16 Confidential Items ..................................................................................... 4134
Section 9 – Delegations ...................................................................... 4134
9.1 General ..................................................................................................... 4134
9.2 Delegations - To Council ........................................................................... 4235
Request to Speak – Required ................................................................... 4236
Time Limits ................................................................................................ 4336
9.3 Delegations - To Committee ...................................................................... 4336
Time Limits ................................................................................................ 4337
Request to Speak – Required ................................................................... 4337
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Disposition of Delegation........................................................................... 4337
9.4 At a Public Meeting ................................................................................... 4437
Time Limits ................................................................................................ 4437
Request to Speak – No Request Required ............................................... 4437
9.5 Special Meetings ....................................................................................... 4438
9.6 Conduct of Delegations and Presenters .................................................... 4538
9.7 Petitions .................................................................................................... 4538
Section 10 – Rules of Debate and Conduct ...................................... 4639
10.1 Conduct of Members of Council or Members of Committees .................... 4639
10.2 Address the Chair ..................................................................................... 4639
10.3 Order of Speaking ..................................................................................... 4640
10.4 Point of Privilege ....................................................................................... 4740
10.5 Point of Order ............................................................................................ 4740
10.6 Appeal of Ruling of Chair .......................................................................... 4740
10.7 Members Speaking ................................................................................... 4841
10.8 Question Read .......................................................................................... 4841
10.9 Speak Once - Reply .................................................................................. 4841
10.10 Time Limit .................................................................................................. 4841
10.11 Questions .................................................................................................. 4841
10.12 Motions...................................................................................................... 4842
Reading ..................................................................................................... 4842
Withdrawn ................................................................................................. 4942
No debate until properly moved and seconded ......................................... 4942
Motion Ruled Out of Order ........................................................................ 4942
Not within jurisdiction of Council ................................................................ 4942
Matters and Motions Without Notice and Without Leave ........................... 4943
Motion in Writing ....................................................................................... 5043
Priority of Disposition ................................................................................ 5043
Motion to Refer or Commit ........................................................................ 5043
Motion to Amend ....................................................................................... 5144
Motion to Amend Something Previously Adopted ..................................... 5144
Question Be Now Put ................................................................................ 5144
Motion to Table ......................................................................................... 5245
Motion to Divide ........................................................................................ 5245
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Motion to Rescind ..................................................................................... 5346
Reconsideration ........................................................................................ 5346
Motion to Recess ...................................................................................... 5447
Motion to Adjourn ...................................................................................... 5447
10.13 Voting on Motions ..................................................................................... 5548
Unrecorded Vote ....................................................................................... 5548
Recorded Vote .......................................................................................... 5549
Consent Resolution ................................................................................................ 5649
10.14 Conduct of the Audience ........................................................................... 5649
Section 11 - Implementation .............................................................. 5750
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Office Consolidation Procedural By-law
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The Corporation of the Municipality of Clarington
By-law 2021-xxx
Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Government Committee, its
Planning and Development Committee, and Special Committees, and
to repeal By-law 2015-029.
Whereas Section 238 of the Municipal Act, 2001, as amended, requires Council to
adopt a procedure by-law for governing the calling, place, proceedings of meetings and
for public notice of meetings;
The Corporation of the Municipality of Clarington hereby enacts as follows:
Section 1 – Definitions and Interpretation
1.1 SHORT TITLE: This By-law may be cited as the “Procedural By-law”.
1.2 For the purposes of this By-law, unless stated otherwise or the context
requires a different meaning:
Agenda Deadline means 12:00 noon on the Wednesday preceding the meeting, unless
determined differently by the Municipal Clerk for the purposes of a Special meeting, etc.
Agenda Update Deadline means one hour prior to the close of business on the
business day prior to the meeting.
Chair:
In the case of the Council Chair means the Mayor, Deputy Mayor, or the Member of
Council appointed to act as Chair during the absence of the Mayor and Deputy Mayor
from a Meeting or a portion of a Meeting. While acting as Chair the Member shall
exercise all of the powers and responsibilities of the Mayor under this Procedural
By-law.
In the case of the GG Committee, Chair means the Mayor, Deputy Mayor or
Department Liaison, whoever presides over a portion of a Meeting of the GG Committee
as provided for in Sub-section 5.2.1, of this Procedural By-law.
In the case of the PD Committee, Chair means the Planning and Development Services
Department Liaison, as provided for in Sub-section 5.3.1 of this Procedural By-law.
In the case of a Special Committee, Chair means the Member appointed as such by
Council pursuant to Sub-section 5.1.3 of this Procedural By-law.
In the case of a sub-committee of a Special Committee, Chair means the Member
appointed as such by the Special Committee pursuant to Sub-section 5.1.3 of this
Procedural By-law.
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Committee means a Committee of Council and includes Standing Committees, or
sub-committees of the Standing Committees and Special Committees.
Consent Resolution means two or more items that are approved in a single motion
without debate, subject to the agreement of the majority of Members.
Council means the Council of the Municipality of Clarington.
Councillor means a person elected or appointed as a Member of Council but does not
include the Mayor.
Delegation means a person desiring to verbally present information on matters of fact,
or to make a request to Council or Committee, as the case may be.
Department Liaison means a Member appointed as such pursuant to Sub-section
5.1.1 b) of this Procedural By-law.
Deputy Mayor means the Member of Council who is appointed to this position who, in
the absence of the Mayor, shall exercise all of the powers and responsibilities of the
Mayor as provided for in this By-law or any other by-law or statute.
Electronic Council Communications Information Package (ECCIP) means an
electronic package containing correspondence received by Staff for Council’s
information.
Electronic Participation means that a Member may participate in the Council or
Committee meeting, remotely by electronic means. The electronic means must enable
the Member to hear and to be heard by the other meeting participants. Acceptable
formats may include teleconference, videoconference or webinar, or other interactive
communications. The Member shall have the same rights and responsibilities as if they
were in physical attendance, including the right to vote, unless ot herwise prohibited by
law or in other subsections of this by-law.
Emergency means any period of time during which an Emergency has been declared
to exist in all or part of a municipality by the Head of Council or the Province under
sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act, as
amended.
Emergency Management Act means the Emergency Management and Civil Protection
Act, R.S.O. 1990, c. E. 9, as amended.
Emergency Special Meeting means a meeting called by the Mayor, without advance
notice being given, to consider and deal with urgent and extraordinary matters, including
issues that may urgently affect the health or safety of residents.
GG means the General Government Committee of Council.
Holiday means a holiday as defined by the Legislation Act, S.O. 2006, Chapter 21,
Schedule F.
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Information Presentation(s) means presentations not seeking a resolution or direction
from Council.
Joint Meeting means a meeting that deals with matters that would normally be dealt
with at a GG meeting or PD meeting.
Mayor means the Head of Council.
Meeting, as stated in Section 238 of the Municipal Act, means any regular, special or
other meeting of a council, of a local board or of a committee of either of them, where
(a) a quorum of members is present, and (b) members discuss or otherwise deal with
any matter in a way that materially advances the business or decision-making of the
council, local board or committee.
Member means a Member of Council.
Municipal Act, 2001 means the Municipal Act, 2001, S.O. 2001, c.25, as amended or
replaced from time to time.
Municipal Clerk or Clerk means the Clerk of the Municipality of Clarington and
includes the Deputy Clerk and any official of the Municipality appointed by Council to
exercise the power(s) of the Municipal Clerk in the absence of the Municipal Clerk and
Deputy Clerk.
Municipal Conflict of Interest Act means the Municipal Conflict of Interest Act, R.S.O.
1990, c.M.50, as amended or replaced from time to time.
Municipal Elections Act, 1996 means the Municipal Elections Act, 1996, S.O. 1996,
c.32, as amended or replaced from time to time.
Municipal Freedom of Information and Protection of Privacy Act means the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56,
as amended or replaced from time to time.
Municipality means the Municipality of Clarington.
PD means the Planning and Development Committee of Council.
Pecuniary Interest has the same meaning as the term has in the Municipal Conflict of
Interest Act, R.S.O. 1990, c.M.50, as amended or replaced from time to time.
Petition means a legibly written/typed document requesting Committee’s / Council’s
consideration of a matter that contains more than ten signatures.
Planning Act means the Planning Act, R.S.O. 1990, c.P.13, as amended or replaced
from time to time.
Point of Order means a statement made by a Member of Council during a Meeting
drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure.
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Point of Privilege means the raising of a question that concerns a Member of Council,
or all of the Members of Council, when a Member believes that their rights, immunities
or integrity or the rights, immunities or integrity of Council as a whole have been
challenged.
Present means that a Member may attend a meeting either in person or by electronic
participation.
Presiding Member means the Member appointed to act as Chair pursuant to
Sub-sections 7.1.3, 8.1.1, and 8.2.1 of this Procedural By-law.
Procedural Motion means any motion concerning the manner or time of consideration
of any matter before the Council as opposed to the substance thereof and includes,
without limitation, the following:
a) To extend the time of the Meeting;
b) To refer;
c) To amend;
d) To recess;
e) To table;
f) To lift from the table;
g) To adjourn;
h) To divide;
i) Question be now put; or
j) To suspend the Rules of Procedure.
Procedural Notice of Motion means a written notice, including the names and
signatures of the mover and seconder, advising Council that the motion described
therein to amend something previously adopted by Council, to rescind a previous
decision of Council, to lift a matter from the table, or to reconsider a previous decision of
Council, will be brought forward at a subsequent meeting.
Public Meeting means a public meeting in accordance with the Planning Act, R.S.O.
1990 c. P.13 or any other Act, for which notice has been given and during which any
person in attendance shall be provided an opportunity to make representation in respect
of the matter for which the Public Meeting is held.
Reconsideration means a motion that has the effect of allowing a motion to proceed as
though it had never been previously voted on.
Recorded Vote means the written record of the name and vote of every Member
present when the vote is called on any matter or question.
Rescind means a motion that undoes the action taken by the motion, provided it has
not been acted upon.
Rules of Procedure means the rules and requirements of this Procedural By-law.
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Special Committee means a Special Committee of Council appointed pursuant to
Sub-section 5.1.3 of this Procedural By-law.
Standing Committee means either the General Government Committee (GG) or the
Planning and Development Committee (PD) of Council.
Substantive Motion means any motion other than a Procedural Motion and includes
but is not limited to, a motion that embodies and/or establishes a policy, ratifies an
action, or gives direction on a matter.
Simple Majority means 50% + 1:
a) For 7: 4
b) For 6: 4
c) For 5: 3
a)d) For 4:3
Three-Quarters Majority (3/4) means:
a) 3/4 of 7: 6
b) 3/4 of 6: 5
c) 3/4 of 5: 4
d) 3/4 of 4: 3
Two-Thirds Majority (2/3) means:
a) 2/3 of 7: 5
b) 2/3 of 6: 4
c) 2/3 of 5: 4
a)d) 2/3 of 4: 3
a)
Website means the Municipality’s website address at www.clarington.net.
1.3 Unless the context otherwise requires, in this Procedural By-law the words
used in the male gender shall include the female gender and the singular
includes the plural, and vice versa.
Section 2 – General Provisions
2.1 Applicability
2.1.1 Without derogating from the other provisions of this Procedural By-law, the
rules and requirements contained in it shall be observed in all proceedings
of Council or Committees and shall be the rules and requirements which
govern the order of their business.
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2.2 Suspension of Rules of Procedure
2.2.1 Despite Sub-section 2.1.1, the rules and requirements contained in this
Procedural By-law may be suspended by a vote of three-quarters (3/4) of
the Members present and voting.
2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue
shall be decided by the Mayor, Deputy Mayor or Chair, subject to an appeal
to the Council or Committee, in session, as the case may be.
2.4 Electronic Participation
2.4.3 A member of Council, of a local board or of a committee of either of them is
permitted to participate electronically in a meeting and may be counte d in
determining whether or not a quorum of members is present at any point in
time.
2.4.4 For clarity, a Member of Council, of a local board, or of a committee of either
of them, can participate electronically in a meeting that is closed to the
public.
2.4.5 The protocol for participating electronically shall be set out by the Municipal
Clerk and may be amended from time to time.
2.5 Agenda Restrictions
2.5.1 The Municipal Clerk shall refuse to place on the agenda, and in an ECCIP,
an item where the subject matter:
a) Involves current or pending litigation;
b) Involves insurance claims;
c) Involves personnel matters;
d) Involves labour relations;
e) Involves administrative complaints;
f) Is beyond the jurisdiction of Council;
g) Is contrary to the provisions of the Municipal Freedom of
Information and Protection of Privacy Act or other relevant
legislation;
h) Involves solicitation of business;
i) Involves political parties; or
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a)j) Otherwise not suitable for discussion.
Section 3 – Duties of the Mayor and Council
3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor to carry out the responsibilities set forth in
the Municipal Act, 2001, Section 225, and:
a) To open the Meeting of Council and GG Committee by taking the
Chair and calling the Members to order;
b) To announce the business before Council in the order in which it is
to be acted upon;
c) To receive and submit, in the manner prescribed by this Procedural
By-law, all motions presented by the Members of Council;
d) To recognize any Member who wishes to speak and to determine
the order of the speakers;
e) To put to a vote all questions, which are regularly moved and
seconded, or necessarily arise during the proceedings and to
announce the results;
f) To vote on all motions, which are moved and seconded, or
necessarily arise during the proceedings;
g) To decline to put to vote, motions which contravene the provisions
of this Procedural By-law;
h) To enforce the provisions of this Procedural By-law;
i) To enforce on all occasions, the observance of order and decorum
among the Members;
j) To call by name, any Member refusing to comply with this
Procedural By-law and to order the Member to vacate the Council
Chamber, or the place of Meeting, as the case may be;
k) To cause to be expelled and excluded any member of the public
who creates any disturbance or acts improperly during a Meeting
and, if necessary, to direct the Municipal Clerk to seek the
appropriate assistance from the Durham Regional Police;
l) To authenticate, by signature, all by-laws and Meeting minutes;
m) To rule on any Points of Order and Points of Privilege raised by
Members of Council; and
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n) To adjourn the Meeting when the business is concluded, or if
considered necessary because of grave disorder, to adjourn the
sitting without putting to the vote any question, or suspend the
sitting for a time to be named.
3.2 Appointment of Deputy Mayor
3.2.1 At the first meeting of Council or as soon thereafter as is practical, Council
shall appoint a Member to act as a Deputy Mayor in the absence of the
Mayor. During any such absence of the Mayor, the Deputy Mayor shall
exercise all of the powers and responsibilities of the Mayor under this
By-law or any other by-law or statute.
3.2.2 Further to the appointment referenced in Sub-section 3.2.1, Council, in its
discretion, may appoint a Member to act as Deputy Mayor for the term of
Council. Alternatively, Council may appoint two Members of Council each of
whom shall act as Deputy Mayor during periods of the term of Council which
are specified in the appointment.
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides over any part of a Meeting may state relevant facts
and the Chair’s position on any matter before the Cou ncil, or a Committee
without leaving the chair, which may take place immediately prior to the
vote, but it shall not be permissible for the Chair to move a motion or debate
a question without first leaving the chair.
3.3.2 If the Chair desires to leave the chair to leave the meeting, to move a
motion, or to take part in the debate, the Mayor shall preside until the Chair
resumes the chair. If the Mayor is chairing the Committee meeting, the
Deputy Mayor shall preside until the Mayor resumes the Chair. If the
designated person is not present, the Chair may call upon any other
Member to chair the meeting.If during a Meeting of Council the Mayor
desires to leave the chair to move a motion or to take part in the debate
pursuant to Sub-section 3.3.1, or otherwise, the Mayor shall call on the
Deputy Mayor to preside until the Mayor resumes the chair.
3.3.3 If, at a Committee Meeting, the Chair desires to leave the chair to move a
motion or to take part in the debate pursuant to Sub-section 3.3.1, or
otherwise, the Chair shall call on the Mayor to preside until the Chair
resumes the chair. If the Mayor is chairing the Committee meeting, the
Deputy Mayor shall be called upon to preside until the Mayor resumes the
Chair.
3.4 Duties of a Member of Council
3.4.1 A Member of Council shall have the following duties:
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a) to deliberate on the business submitted to Council or Committees
of Council, as the case may be;
b) to vote when a motion is put to a vote;
c) to Chair the portion of the GG Committee or PD Committee
Meeting for which they are the Department Liaison and assume the
duties of the Mayor as detailed in Sub-section 3.1.1 with the
exception of Sub-sections 3.1.1 a), l) and n) at GG Committee and
3.1.1 a) and l) at PD Committee;
d) Notwithstanding Section 3.4.1 c), the Chair of the PD Committee
meeting shall assume the duties of the Mayor as detailed in Section
3.1.1, with the exception of 3.1.1 (l); and
e) to apply and respect the Rules of Procedure.
Section 4 – Meetings
4.1 Regular Meetings
4.1.1 Unless otherwise directed by Council, the regular Meetings of Council, GG
Committee and PD Committee shall be held in the Council Chambers,
Municipal Administrative Centre, 40 Temperance Street, Bowmanville, ON
or electronically, as determined by the Municipal Clerk, and at the dates and
times as determined by Council resolution.
4.1.2 Unless otherwise directed by Council, the Special Committee Meetings shall
be scheduled by the Special Committee Chair at times and locations as
deemed appropriate to the mandate of the Special Committee.
4.2 Special Meetings
4.2.1 In addition to regular Meetings, Special Meetings of Council, GG Committee
or PD Committee shall be held upon written direction signed by the Mayor
and delivered to the Municipal Clerk stating the date, time, location, and
purpose of such Meeting, and preference be given that said meeting shall
only be held within the Municipality of Clarington.
4.2.2 The Mayor may, at any time, call a special Meeting of Council, GG
Committee or PD Committee and shall call a special Meeting of Council or
Committee when requested to do so in writing by a majority of Members, at
the time mentioned in the request, and preference be given that said
meeting shall only be held within the Municipality of Clarington .
4.2.3 The Municipal Clerk shall call a special Meeting of Council, GG Committee
or PD Committee when requested to do so in writing by a majority of the
Members, at the time mentioned in the request, and preference be given
that said meeting shall only be held within the Municipality of Clarington.
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4.3 Joint Meeting
4.3.1 In addition to regular Meetings, Joint Meetings may be called at the dates
and times as determined by Council resolution.
4.4 Emergency Special Meeting
4.4.1 Notwithstanding Sub-section 4.2.1, on urgent and extraordinary occasions,
an emergency special Meeting of the Council may be called by the Mayor,
without advance notice being given by the Municipal Clerk pursuant to this
by-law, to consider and deal with such urgent and extraordinary matters,
including issues that may urgently affect the health or safety of residents. In
this case, consent of two-thirds (2/3) of the Members to hold such Meeting
is necessary and such consent, if any, shall be recorded in the minutes by
the Municipal Clerk.
4.5 First/Inaugural Meeting of Council
4.5.1 The first Meeting of Council shall be held within 31 days of taking office, on
the first Monday after Council takes office pursuant to the Municipal
Elections Act, 1996, at 7:00 pm in the Council Chambers, Municipal
Administrative Centre, 40 Temperance Street, Bowmanville, ON. the time
and location determined in consultation with the Clerk and Mayor.
4.6 Seating and Persons within Council Ring
4.6.1 Seating at the Council table shall be in alphabetical order of the Members’
surname, beginning in the most north/east position and proceeding
clockwise.
4.6.2 Only Members of Council and the Municipal Staff shall be permitted to enter
the Council floor during the sitting of Council or Committee without the
permission of the Mayor or Committee Chair.
4.6.3 No person, other than a Member of Council or the Municipal Staff, shall,
before or during a Meeting, place on the desks of Members or otherwise
distribute any material whatsoever unless such person is so acting with the
approval of the Mayor or Committee Chair.
4.6.4 Members of Council leaving their places prior to the adjournment shall
endeavour to do so in a manner so as not to disrupt the proceedings of
Council or Committee.
4.7 Quorum
4.7.1 A quorum of Council or Committee shall be four (4) Members, except as
otherwise stated. A concurring vote of a majority of Members present and
voting is necessary to carry a resolution. A quorum of a Special Committee
shall be a majority of the Members of the Special Committee.
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4.7.2 If a quorum is not present within thirty (30) minutes after the time appointed
for a Meeting, the Municipal Clerk, or designate, shall record the names of
the Members present and the Meeting shall stand adjourned until the date
of the next regular Meeting or other Meeting called in accordance with this
Procedural By-law.
4.7.3 If during a meeting, a quorum is lost, the Chair shall declare that the
meeting shall stand recessed temporarily or be adjourned until the date of
the next regular meeting or other meeting called in accordance with the
provisions of this By-law.
4.8 Meetings Open to Public
4.8.1 Subject to Sub-section 4.8, Meetings shall be open to the public and no
person shall be excluded there from except for improper conduct.
4.9 Closed Meetings
4.9.1 Council or Committee may, by resolution, close a Meeting or part of a
Meeting to members of the public in accordance with Sub-section 239(2)(3)
of the Municipal Act, 2001.
4.7.2 Council or Committee shall, by resolution, close a Meeting or part of a
Meeting to members of the public where the subject matter to be considered
is a request under the Municipal Freedom of Information and Protection of
Privacy Act.
4.9.2 Council or Committee may hold a Meeting closed to the public where the
Meeting is held for the purpose of educating or training the Members and at
the Meeting no Member discusses or otherwise deals with any matter in a
way that materially advances the business or decision-making of the
Council or Committee.
4.9.3 A motion to close a Meeting or part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting; and
b) the general nature of the matter to be considered at the closed
Meeting.
4.9.4 Where a Meeting or part of a Meeting is closed to the public, Council or
Committee shall:
a) retire to the Council Ante Room or other such room as deemed
appropriate by Council or Committee and only those persons
specifically invited to attend the closed Meeting shall be permitted
to attend; or
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b) request those persons not specifically invited to the closed Meeting
to vacate the Council Chambers, or such room in which the
Meeting is being held, as the case may be; or
c) only permit access to the electronic meeting to those persons
specifically invited to attend the closed Meeting.
4.9.5 A Meeting shall not be closed to the public during a vote except where the
meeting is a closed Meeting permitted or required by statute, and where the
vote is for a procedural matter or for giving directions or instructions to
officers, employees or agents of the Municipality or persons retained under
contract with the Municipality.
4.9.6 Notwithstanding Sub-section 4.8.5, the vote on a resolution approving a
contract for the acquisition or disposal of land, including the sale of road
allowances, shall be conducted in open session.
4.10 Notice of Meeting
Regular Meetings
4.10.1 In December of each year, public notice of the regular Meeting schedule for
the following year shall be published in the newspapers of general
circulation in the Municipality and posted on the website. This notice of all
Meetings shall include the date, time and location of the Meetings.
4.10.2 Pursuant to Section 238 of the Municipal Act, 2001 public notice of each
regularly scheduled Meeting shall be deemed to be given by making the
agenda available in the Municipal Clerk’s Office by end of business day of
the Friday preceding the regularly scheduled Meeting and on the website.
4.10.3 Notice of amendment to the Schedule of regular Meetings shall be posted
on the website at least one week prior to the amended Meeting date where
practical to do so.
4.10.4 The meeting schedule referred to in Sub-section 4.9.1 shall generally be
based on a three-week rotation. If the regular meeting date falls on a public
holiday, the Council or Committee meeting, whichever the case may be,
shall, beginning in September, 2021, be scheduled on the following week
and all subsequent meetings shall be moved forward a week. meet at the
same hour on the next day not being a public holiday. One meeting shall
may be scheduled on the first Monday of July (unless it is a public holiday in
which case it shall be held at the same hour on the next day not being a
public holiday) and no regular meetings shall be held during the remainder
of the month of July, the month of August or between Christmas and New
Year’s. Council and PD Committee meetings shall be held at 7:006:30 PM
and GG Committee meetings shall be held at 9:30 AM.
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Special Meetings
4.10.5 Notice of special Meetings shall be posted on the website not less than
twenty-four (24) hours before the time appointed for the special Meeting.
4.10.6 In addition to the notice provided for in Sub-section 4.9.5, written notice of a
special Meeting of Council or Committee shall be given to all Members.
4.10.7 The written notice referred to in Sub-section 4.9.6 above shall indicate the
nature of the business to be considered at the special Meeting of Council or
Committee, whether or not delegations will be heard, and the date, time and
place of the Meeting.
Emergency Special Meetings
4.10.8 Where an Emergency special Meeting of Council is held in accordance with
Sub-section 4.3, notice of the Emergency special Meeting shall be posted
on the website as soon as practical following the Emergency special
Meeting and shall, subject to Sub-section 4.8.1, indicate the nature of the
business considered at the Emergency special Meeting.
4.11 Length of Meetings / Scheduled Break
4.11.1 Meetings scheduled to commence at or before 9:30 AM, and which are in
session at 4:31 PM, will be adjourned unless otherwise determined by a
vote of two-thirds of the Members present.the rules are suspended.
4.11.2 Meetings which are scheduled to commence at or after 7:006:30 PM, and
which are in session at 11:0110:31 PM, will be adjourned unless otherwise
determined by a vote of two-thirds of the Members presentthe rules are
suspended.
4.11.3 Where a meeting is scheduled to commence at or before 9:30 AM, there
shall be a scheduled 1 hour break at 12:00 noon unless otherwise
determined by a vote of two-thirds of the Members present.
4.12 Portable Electronic Devices
4.12.1 The use of portable electronic devices by Members of Council and
Committee during Council and Committee meetings shall be permitted
provided the Member is not using the portable electronic device to phone; or
email, BBM, or text each other while the meeting is in session.
4.10.2 The use of portable electronic devices, such as cellular phones,
blackberrys, audible pagers or other similar communication device may only
be permitted to be used by persons in the gallery and sStaff while the
meeting is in session.
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4.12.2 Despite Subsections 4.11.1 and 4.10.2, the use of any portable electronic
device may be prohibited by the Chair, if, in the Chair’s opinion, the device
is interfering with any video or audio broadcast of the meeting or is
otherwise causing a disturbance.
4.10.4 Subsections 4.10.1 and 4.10.2 do not apply during a Meeting recess.
4.12.3 Notwithstanding subsections 4.10.1 and 4.10.2, tThe use of portable
electronic devices may be used by a Member as an interface for a Member
to participate electronically in the meeting.
4.13 Video Recording of Council and Committee Meetings
4.13.1 With the exception of the Municipality and any publicly available
broadcaster, the video recording of a Council or Committee meeting is
prohibited within 3 metres of the Council ring.
4.13.2 Notwithstanding Sub-section 4.12.1, video recording by any person is not
prohibitedpermitted for a presentation as defined in Sub-section 7.5.1 (a) of
this by-law.
4.14 Cancellation of Meetings
4.14.1 A regular or special meeting may be cancelled in any of the following
circumstances:
a) If the Clerk determines in advance that quorum will not be
achieved;
b) if the meeting is cancelled by Council or Committee resolution;
c) Where the meeting is not required as determined by the Clerk, in
consultation with the Mayor and CAO, due to a lack of forecasted
agenda items; or
d) in the event of exceptional circumstances, at the discretion of the
Chair or Clerk.
4.14.2 The Clerk shall give notice of the cancellation to all Members of Council as
soon as possible after the cancellation.
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Section 5 – Committees
5.1 General
5.1.1 There shall be two Standing Committees of Council, namely the General
Government (GG) Committee of Council and the Planning and
Development (PD) Committee of Council, which shall be organized as
follows:
a) GG and PD Committees shall be comprised of all Members of
Council.
b) Each Member shall be appointed as a Department Liaison as soon
as is practical after the first Meeting of Council or a vacancy occurs
for which he has been appointed Department Liaison. The
Department Liaison shall take the chair during that portion of the
GG Committee or PD Committee meeting dealing with the matters
pertaining to the Department for which they have been appointed
Department Liaison.
Exceptions
5.1.2 Notwithstanding the Committee mandate outlined in Sub-section 5.2.2 and
Sub-section 5.3.2 and the provisions of Sub-section 9.4.1, Council may
consider any matter without referring it to GG Committee or PD Committee
and may withdraw a matter from the GG Committee or the PD Committee at
any time.
5.1.3 Notwithstanding the Committee mandate outlined in Sub-section 5.2.2, and
Sub-section 5.3.2, Council may at any time appoint one or more Members
to a Special Committee and appoint one of such Members the Chair of the
Special Committee. A Special Committee shall enquire into and report on
any matter assigned to it by Council. A Special Committee may appoint a
sub-committee of the Special Committee and a Chair of the sub-committee
to assist the Special Committee in performing its mandate.
5.2 General Government Committee (GG)
5.2.1 The Mayor shall call the meeting to order, preside during presentations and
delegations, and chair that portion of the meeting dealing with the matters
pertaining to the Department for which they have been appointed
Department Liaison. As well, the Mayor shall chair those portions of the
meeting dealing with matters raised under New Business or continued to be
considered under Unfinished Business of the agenda, and the motion to
adjourn.
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GG Committee Mandate
5.2.2 The GG Committee shall make recommendations to Council on all matters
not mandated by the PD Committee, including, without limitation, levels of
service and operational policy and budgetary matters. The GG Committee
shall consider all reports submitted to it by the Chief Administrative Officer
or Director of a Department, except for items which fall under the mandate
of the PD Committee, as indicated in Sub-section 5.3.2.
Reporting to Council
5.2.3 In all cases in which the GG Committee makes recommendations
respecting such matters, the GG Committee shall forward such
recommendations by way of committee report minutes to Council for
consideration at the next regular Meeting of Council. In addition, the GG
Committee shall report to Council on any matter within the jurisdiction of the
Municipality and any other matter referred to it by Council and exercise such
powers as may be delegated to it by Council.
5.3 Planning and Development Committee (PD)
5.3.1 The Chair of the PD Committee shall be the Planning and Development
Services Department Liaison for matters pertaining to Planning. Where a
matter from a department other than Planning is being considered, the
corresponding Department Liaison shall may Chair that portion of the
Agenda. The Mayor shall chair the PD Committee in the absence of the
appropriate chair.
PD Committee Mandate
5.3.2 The PD Committee shall be mandated with holding public meetings, and
any other planning and development matter or matter deemed to require
public consultation and such other matters as may be referred to the PD
Committee by Council. The PD Committee shall consider all reports
submitted to it by the Chief Administrative Officer or Director of a
Department, for items which fall under the mandate of the PD Committee.
Reporting to Committee
5.3.3 In all cases in which the PD Committee makes recommendations respecting
such matters, the PD Committee shall forward such recommendations by
way of Committee report minutes to Council for consideration at the next
regular Meeting of Council. In addition, the PD Committee shall report to
Council on any matter within the jurisdiction of the Municipality and any
other matter referred to it by Council and exercise such powers as may be
delegated to it by Council.
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5.4 Appointments to Municipal Service Boards, Local Boards, Advisory
Committees and Corporations
5.4.1 The appointments of persons to Municipal Service Boards, Local Boards,
Advisory Committees and to the board of directors of Veridian Corporation
shall be considered first by the GG Committee and ratified by Council as
soon as practical following the first Meeting of Council, or as soon as
practical after a vacancy occurs in accordance with the Council adopted
Policy.
Section 6 – Agendas and Minutes
6.1 Council Agenda
6.1.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular Meetings of
Council:
Meeting Called to Order
Moment of Reflection
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Announcements
Presentations / Delegations
Adoption Consideration of Minutes of previous meeting(s)
Reports / Correspondence Related to Delegations / Presentations
Communications
Committee Report(s)
Staff Report(s) and Staff Memo(s)
Business Arising from Procedural Notice of Motion (to be included on
agenda only if there is business to be considered under this Section)
Unfinished Business
Confidential Items
By-laws
Procedural Notices of Motion (for consideration at subsequent Meeting)
Other Business Questions to Department Heads / Request for Staff
Report(s)
Confirming By-law
Adjournment
6.1.2 The agenda shall be provided to each member no later than 12:00 noon the
Fridayend of day on the Thursday preceding the commencement of the
regular Council Meeting in question.
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6.1.3 At the discretion of the Municipal Clerk, an agenda item received after noon
on Wednesdaythe Agenda Deadline and before the commencement of the
meeting, which is of an urgent nature or directly relevant to a matter on the
agenda for the meeting, may be added to the agenda if it is received by the
Agenda Update Deadline. Such matter shall be communicated to the
members of Council and posted on the Municipal website as soon as
possible by end of day on the business day prior to the meeting.
6.1.4 The business of Council shall be considered in the order as it appears on
the agenda, unless otherwise decided by a vote of the majority of the
Members present and voting.
6.1.5 Notwithstanding sub-section 6.1.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.2 GG Committee Agenda
6.2.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
the GG Committee:
Call to Order
Land Acknowledgement Statement
New Business -- Introduction
Adopt the Agenda
Disclosure of Pecuniary Interest
Announcements
Adoption of Minutes of previous meeting(s)
Presentations / Delegations
Reports / Correspondence Related to Delegations / Presentations
Communications
Staff Report(s) and Communication(s)
New Business - Consideration
Unfinished Business
Questions to Department Heads / Request for Staff Report(s)
Confidential ReportsItems
Adjournment
6.2.2 The Municipal Clerk shall ensure that the GG Committee agenda is
provided to each member no later than 12:00 noon the Fridaythe end of day
Thursday preceding the commencement of the regular GG Committee
Meeting.
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6.2.3 At the discretion of the Municipal Clerk, an agenda item, including a new
business item to be introduced, received after noon on Wednesdaythe
Agenda Deadline and before the commencement of the meeting, which is of
an urgent nature or directly relevant to a matter on the agenda for the
meeting, may be added to the agenda if it is received by the Agenda Update
Deadline. Such matter shall be communicated to the members of Council
and posted on the Municipal website as soon as possible by end of day on
the business day prior to the meeting.
6.2.4 The business of GG Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
6.2.5 Notwithstanding Sub-section 6.2.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that th e
Municipal Clerk deems appropriate.
6.3 Planning and Development Committee
6.3.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
PD Committee:
Call to Order
Land Acknowledgement Statement
New Business -- Introduction
Adopt the Agenda
Disclosure of Pecuniary Interest
Announcements
Adoption of Minutes of previous meeting(s)
Public Meetings
Presentations / Delegations
Reports / Correspondence Related to Delegations / Presentations
Communications
Staff Report(s) and Communication(s)
New Business - Consideration
Unfinished Business
Questions to Department Heads / Request for Staff Report(s)
Confidential ReportsItems
Adjournment
6.3.2 The Municipal Clerk shall ensure that the PD Committee agenda is provided
to each member no later than 12:00 noon the Fridaythe end of day
Thursday preceding the commencement of the regular PD Committee
Meeting.
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6.3.3 At the discretion of the Municipal Clerk, an agenda item, including a new
business item to be introduced, received after noon on Wednesdaythe
Agenda Deadline and before the commencement of the meeting, which is of
an urgent nature or directly relevant to a matter on the agenda for the
meeting, may be added to the agenda if it is received by the Agenda Update
Deadline. Such matter shall be communicated to the members of Council
and posted on the Municipal website as soon as possible by end of day on
the business day prior to the meeting.
6.3.4 The business of PD Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
6.3.5 Notwithstanding sub-section 6.3.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.4 Special Committee Agendas
6.4.1 The Municipal Clerk shall cause to be prepared a printed agenda under the
following headings for the use of the Members at the meetings of the
Special Committee:
Call to Order
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Adoption of Minutes of previous meeting(s)
Matters of Business
Adjournment
6.4.2 The Municipal Clerk shall ensure that the Special Committee agenda is
provided to each member no later than 24 hours preceding the
commencement of the Special Committee Meeting.
6.4.3 The business of Special Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
6.5 Meeting Minutes
6.5.1 The Municipal Clerk, or designate, shall cause minutes to be taken of each
Meeting of Council or Committee, whether it is closed to the public or not.
These minutes shall include:
a) the place, date and time of Meeting;
b) the names of the Chair or Chairs and a record of the attendance of
the Members; should a Member enter after the commencement of
a Meeting or leave prior to adjournment, the time shall be noted;
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c) the reading, if requested, correction and confirmation of the minutes
of prior Meetings;
d) declarations of pecuniary interest; and
e) all resolutions, decisions and all other proceedings of Council or
Committee, as the case may be, without note or comment.
6.5.2 Where the minutes have been delivered to the Members in advance of the
Meeting, the minutes shall not be read, and a resolution that the minutes be
approved shall be in order.
6.5.3 Following approval of the minutes, the minutes shall be signed by the Mayor
and the Municipal Clerk or designate.
6.5.4 The Municipal Clerk, or designate, shall ensure that the minutes of the last
regular and/or special Meetings of Council or Committee held more than
five (5) days prior to a regular Meeting are included in the agenda prepared
in accordance with Sub-sections 6.1, 6.2 and 6.3 of this Procedural By-law.
Section 7 – Order of Proceedings - Council
7.1 Call to Order
7.1.1 As soon as a quorum is present after the hour set for the Meeting, the
Mayor shall take the chair and call the Members present to order.
7.1.2 If the Mayor does not attend within fifteen minutes after the time set for the
Meeting and a quorum is present, the Deputy Mayor shall preside over the
Meeting and shall exercise all duties and responsibilities of the Mayor as
outlined in this Procedural By-law until the Mayor is present at the Meeting
and is able to perform their responsibility to assume the chair.
7.1.3 If the Deputy Mayor is also not present within fifteen minutes after the time
set for the Meeting and a quorum is present, the Municipal Clerk, or
designate, shall call the meeting to order, and the Members present shall
appoint a Presiding Member who shall act as Chair of the Meeting until the
arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is
able to assume the chair.
7.1.4 In recognition of a necessary first step towards honouring the original
occupants of a place, and as a way to recognize the traditional First
Nations, Metis and / or Inuit territories of a place, and to commemorate
Indigenous peoples' principal kinship to the land, the following Land
Acknowledgement Statement shall be read following the Call to Order:
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"The Municipality of Clarington is situated within the traditional and
treaty territory of the Mississaugas and Chippewas of the
Anishinabeg, known today as the Williams Treaties First Nations.
Our work on these lands acknowledges their resilience and their
longstanding contributions to the area now known as the
Municipality of Clarington."
7.2 Disclosure of Pecuniary Interest
7.2.1 All Members shall govern themselves at any Meeting in accordance with the
current legislation respecting any disclosure of pecuniary interest and
participation in the Meeting. Should a Member declare a pecuniary interest,
they shall vacate the room in which the meeting is taking place.
7.2.2 Notwithstanding Sub-section 7.2.1, if the matter under consideration at a
meeting, or a part of a meeting, is to consider whether to suspend the
remuneration paid to the member under subsection 223.4 (5) or (6) of the
Municipal Act, 2001, the member may take part in the discussion of the
matter, including making submissions to council or the local board, as the
case may be, and may attempt to influence the voting on any question in
respect of the matter, whether before, during or after the meeting.
However, the member is not permitted to vote on any question in respect of
the matter. Additionally, in the case of a meeting that is not open to the
public, the member may attend the meeting or part of the meeting during
which the matter is under consideration.
7.2.3 Notwithstanding Sub-section 7.2.1, when a Member declares on a matter(s)
at a Council meeting, later in the meeting when the confirming by-law is on
the floor, the Member’s declaration is understood, and the Member may
remain in the room in which the meeting is taking place and participate in
the vote on the confirming by-law. Further, if the Member declares on a
matter at a meeting and at a subsequent meeting the minutes of the entire
meeting are on the floor for adoption, the Member’s declaration is
understood and the Member may participate in the vote on adopting the
minutes and is not required to submit another declaration of interest form,
provided that the matter the Member declared on is not further discussed or
amended in any way.
7.2.4 At a meeting at which a member declares an interest, or as soon as
possible afterwards, the member shall file a written statement of the interest
and its general nature with the Municipal Clerk or designate, in the form
determined by the Municipal Clerk.
7.2.5 The Municipal Clerk shall establish and maintain a Registry of Declarations
of Interest containing,
a) A copy of each statement filed under section 7.2.3; and
b) A copy of each declaration recorded in the minutes.
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7.2.6 The Municipal Clerk shall provide access to the Registry of Declarations of
Interest through the Municipal website of through an alternative means, as
requested from time to time.
7.3 Announcements
7.3.1 During this portion of the Meeting, when recognized by the Chair, Members
shall be afforded a maximum of five 5 minutes during which time they may
announce or comment on community events and activities that will occur
within one week of the meeting, unless a regular Council / Committee
meeting in not scheduled within one week.
7.4 Presentations
7.4.1 At the request of a Member of Council or the Municipality’s Staff, any
person(s), organization(s), corporations(s), or appointed official(s) may be
permitted to address the Members to inform them of matters of significance
to the Municipality provided that the request has been submitted to the
Municipal Clerk by 12:00 noon the Wednesday preceding the
MeetingAgenda Deadline.
Presentations shall include only the following:
a) Civic recognition / awards; or
b) Presentations by Municipal Staff or consultants retained by the
Municipality; or
c) Presentations from senior levels of government; or or agencies
thereof, or other municipal governments
d) Presentations by persons or organizations who have been invited
to the meeting by Members of Staff or by Council / Committee.
d) Presentations deemed necessary by the Municipal Clerk, or as
required by law.
e) Presentations, for matters of information only, shall submit a written
communication to the Municipal Clerk, outlining their presentation,
to be included in the ECCIP. Should any single Member of Council
ask that the Presentation be heard, it shall be placed on the
appropriate Committee meeting agenda.
Any other agencies seeking to make an information presentation must
submit a written summary of their presentation to be included in the ECCIP.
Should any Member of Council wish to hear the presentation, the
presentation can be placed on a future agenda.
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7.4.2 Municipal audio-visual equipment may be used to assist in presentations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, or designate, at the time the presenter(s) contact the
Municipal Clerk’s Division to register for the Meeting. Presentations must be
provided to the Municipal Clerk’s Division no later than 2:00 pm on the
business day preceding the commencement of the Meeting.Presentations
must be provided to the Municipal Clerk’s Department no later than close of
business the Friday preceding the commencement of the Meeting.
Presentations will not be installed once the meeting has begun.
7.4.3 Each Presentation in respect of a particular matter shall be limited to 10
minutes, in addition to the time taken by Council to ask questions of the
delegate and to receive answers to such questions.
Presentations to Committee
7.4.4 Presentations scheduled to be made to Committee will be assigned to the
appropriate Committee based on the presentation topic and the Committee
mandate.
7.4.5 Upon receipt of the request for presentation as detailed in Sub-section
7.5.1, the Municipal Clerk, or designate, may schedule the presentation for
a specified time during the Committee meeting. When exercising this option,
the Municipal Clerk, or designate, shall include the scheduled presentation
time on the meeting Agenda and shall notify the presenter of the scheduled
presentation time.
7.4.6 Where the Municipal Clerk, or designate, has scheduled a presentation for a
specified time, as per Sub-section 7.5.4, when that specified time arrives
during the Committee meeting, the Committee shall set aside the matter
currently before it, to allow the presentation to be heard as scheduled.
Should there be a motion on the floor at the scheduled presentation time, a
motion to “table alter the agenda to be considered immediately after the
Presentation” would be in order.
7.5 Delegations
7.5.1 See Section 9.
7.6 Adoption of Minutes of Previous Meeting(s)
7.6.1 Minutes of Standing Committees, Advisory Committees and Boards shall be
listed under this Section of the Council agenda.
7.6.2 The Chair shall ask for a motion to adopt the minutes from previous
meeting(s).
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7.6.3 Minutes of Standing Committees may be disposed of through a single
resolution. Alternatively, any Member may request that one or more
recommendations contained in the minutes be extracted and voted on
separately for the purposes of changing the motion or holding a recorded
vote.
7.6.4 Minutes of Standing Committees approved at Council are not required to be
added to the agenda or approved by a future Standing Committee meeting.
7.7 Reports / Correspondence Related to Delegations / Presentations
7.7.1 Reports and correspondence that are related to a delegation or
presentation on the agenda may be listed under this section of the agenda.
7.8 Communications
7.8.1 The Municipal Clerk shall prepare an Electronic Council Communication
Information Package (ECCIP) containing correspondence received by Staff
for Council’s information.
7.8.2 The deadline for information to be included in the ECCIP is end of day
Thursday.
7.8.3 The ECCIP shall be delivered electronically every Friday.
7.8.4 A Member of Council may request, in writing to the Clerk, including the
Member’s motion for the disposition of the item, that an item from the
ECCIP be included on the next agenda of the appropriate Committee of
Council, as determined by the Clerk.
7.8.5 The item will be included on the agenda of the appropriate Committee of
Council if submitted to the Clerk prior to the Agenda deadline and if it is not
restricted under section 2.5. For clarity, this will not be the meeting three
calendar days from when the ECCIP was published, but rather a future
meeting.All communications, designed to be presented to Council, received
by the Municipal Clerk before noon on Wednesday prior to the
commencement of the Council meeting, which directly relates to Clarington,
and:pertain to an item on that agenda, oris deemed necessary or
appropriate by the Municipal Clerk,shall be listed under the heading
‘Communications’ on the agenda and shall be included in its entirety unless
it is impractical to do so in which case it shall be included in a manner as
determined by the Municipal Clerk. The Municipal Clerk shall ensure that a
recommendation for disposal is prepared and included in the agenda.
7.8.6 Communications which, in the opinion of the Clerk require action by Council
shall be included on a Council or Committee agenda under
Communications and shall include a recommendation for disposal.
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7.8.7 At the discretion of the Municipal Clerk, an item of correspondence received
after the publishing of the agendaAgenda Update Deadline and before the
commencement of the meeting, which is of an urgent nature or directly
relevant to a matter on the agenda for the meeting, may be added to the
agenda. Such matter shall be communicated to the Members of Council and
posted on the website as soon as possible.
7.8.7 Every communication to be presented to Council or Committee, per
Sub-sections 7.6.1 to 7.6.2, shall be legibly written or printed, shall not
contain any impertinent or improper matter or language, shall identify the
author(s) including their name and address, and shall be filed with the
Municipal Clerk.
7.8.8 Communications to be posted to the website may be abridged as
determined by the Municipal Clerk to facilitate posting.
7.7 Committee Reports
7.7.1 Reports of Committees and Advisory Committees and Boards, shall be
listed under this Section of the Council agenda.
7.7.2 Reports of Committees and Advisory Committees and Boards, may be
disposed of through a single resolution for each report as presented.
Alternatively, any Member may request that one or more recommendations
contained in a Report be separated and voted on separately.
7.9 Staff Report(s) and Staff Memo(s)
7.9.1 Notwithstanding Sub-sections 8.1.110 and 8.2.101, the Staff Reports
Section of the Council agenda shall include Removal of a Holding Symbol
report upon urgent circumstances as determined by the Director of Planning
and Development Services and any Staff report that, due to timing, urgency,
the important nature of the report and/or expediency, the Chief
Administrative Officer determines should be considered by Council without
first being presented to Committee for consideration.
7.10 Business Arising from Procedural Notices of Motion
7.10.1 A Procedural Notice of Motion properly given at a previous Council meeting
or which has been delivered to the Municipal Clerk prior to 12:00 noon the
Wednesday preceding the Meeting at which it is to be presented for
consideration, shall be listed on the agenda for the Meeting, and shall be
dealt with at that meeting.A Procedural Notice of Motion where notice has
been properly given in accordance with subsection 7.14 shall be listed on
the agenda for the Meeting, and may be dealt with at that meeting.
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7.10.2 The Member who moved, or seconded, the procedural notice of motion is
not required to be present when the related procedural notice of motion is
considered. However, a new mover or seconder will be required for the
notice of motion to be in order.
7.11 Unfinished Business
7.11.1 Any matters presented, considered, referred, or tabled or any items not
otherwise disposed of through the consideration of an agenda matter, shall
be disposed of during this portion of the Meeting.
7.12 Confidential ReportsItems
7.12.1 Notwithstanding Sub-sections 8.1.14 and 8.2.15, tThe Confidential Reports
Items Section of the Council agenda shall include any confidential Staff
report that, due to timing, urgency, the important nature of the report and/or
expediency, the Chief Administrative Officer determines should be
considered by Council without first being presented to Committee for
consideration and shall be considered in a closed. meeting in accordance
with Sub-section 4.8.
7.13 By-laws
7.13.1 No by-law, except:
a by-law to confirm the proceedings of Council;
a by-law granting authority to borrow under the authority of the Municipal
Act, 2001;
any by-law arising as the result of an order or decision of any judicial or
quasi-judicial body; or
a part lot control by-law;
shall be presented to Council unless the subject matter thereof has been
considered and approved by Council or by Committee and has been
approved by Council.
7.13.2 All by-laws shall be passed in a single motion, unless a Member wishes to
discuss the contents of the by-law, at which time the subject by-law shall be
divided from the motion and dealt with separately.
7.13.3 Every by-law when introduced, shall be in typewritten form, and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with the provision of any Statute, and shall be
complete with the exception of the number and date of the by-law.
7.13.4 The Municipal Clerk shall endorse, on all by-laws enacted by Council, the
date of enactment.
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7.13.5 Every by-law which has been enacted by Council shall be numbered and
dated, signed by the Mayor and the Municipal Clerk, sealed with the seal of
the Municipality, and retained under the control of the Municipal Clerk.
7.13.6 The Municipal Clerk is hereby authorized to make minor deletions, additions
or other administrative changes to any by-law before it is signed and sealed,
to ensure that the correct and complete implementation of the actions of
Council form the subject matter of the by-law. Members of Council shall be
advised, by the Municipal Clerk, of such changes by written notice.
7.14 Procedural Notices of Motion
7.14.1 A Procedural Notice of Motion introducing a motion to amend something
previously adopted by Council, to lift a matter from the table, to rescind a
previous decision of Council, or to reconsider a previous decision of Council
as described in Sub-sections 10.12.17, 10.12.24, 10.12.26 and 10.12.28,
respectively, shall be given to the Municipal Clerk, in writing from the mover
and seconder at a meeting of Council, but shall not be debated until the
next regular meeting of Council. A Procedural Notice of Motion introducing a
motion to amend something previously adopted by Council, to lift a matter
from the table, to rescind a previous decision of Council, or to reconsider a
previous decision of Council, shall be given to the Municipal Clerk including
the date when it will be considered in writing, from the mover and seconder,
prior to the Agenda deadline.
7.14.2 Where a Procedural Notice of Motion has been given under subsection
7.14.1, for a “motion to amend something previously adopted by Council” or
a “reconsideration”, the details of the amendment and proposed new
resolution for a reconsideration respectively shall be included in the
Procedural Notice of Motion.
7.14.3 Where a Procedural Notice of Motion has been provided to the Municipal
Clerk in accordance with the notice provided, prior to the Ag enda Deadline,
it shall be placed in the “Business Arising from Procedural Notices of
Motion” section of the Council Agenda.
7.14.4 Where a Procedural Notice of Motion has been given under Sub-section
7.14.1, the Procedural Notice of Motion shall be printed in full in the
Agenda, under “Business Arising from Procedural Notice of Motion” for that
meeting of Council and each succeeding meeting until the motion is
considered or otherwise disposed.
7.14.5 When a Member’s Procedural Notice of Motion has been called by the Chair
at two successive meetings and not proceeded with, it shall be removed
from the agenda for all subsequent Meetings, unless Council otherwise
decides.
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7.15 Questions to Department Heads / Request for Staff Report(s)Other
Business
7.15.1 No new business may be raised during this section of the agenda, but
Members may ask Questions to Department Heads pertaining to any
matter, including those not necessarily listed on the agenda.
7.15.2 A motion introducing new matters may only be introduced to Council, upon
suspending the rules in accordance with Sub-section 2.2.
7.15.2 Notwithstanding subsection 7.15.1, Members of Council may introduce a
motion to request a Staff report, under this section of the agenda, when
there is an urgency and the request cannot be made at a Committee
meeting. Such requests shall:
a) identify the appropriate Department;
b) the objective(s) of the report;
c) not contain a policy decision; and
a)d) not contain directions to Staff.
Section 8 – Order of Proceedings – Standing Committees
8.1 General Government Committee (GG)
8.1.1 Call to Order
8.1.1.1 See Sub-section 7.1.
8.1.2 New Business - Introduction
8.1.2.1 The chair shall provide each member the opportunity to introduce any new
business items, not otherwise to be considered under any section of the
Agenda, and which is within the mandate of the GG Committee.
8.1.2.5 New Business introduced in accordance with Sub-section 8.1.2 shall be
dispensed by the GG Committee during the New Business -- Consideration
section of the Agenda.
8.1.3 Adopt the Agenda
8.1.3.1 The chair shall ask for a motion to adopt the agenda. Prior to taking the
vote, members shall be provided an opportunity to state any other New
Business as per Sub-section 8.1.2.1 which will be dispensed under the New
Business – Consideration Section of the Agenda.
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8.1.3.2 For clarity, the call of the vote on Adopting the Agenda shall serve to
provide notice to Council, residents, and staff of “additional/new” matters to
be considered during the meeting. It closes the opportunity to add additional
unanticipated business matters and shall not serve to vote in support of or
in opposition to any matter requested to be added as New Business.
8.1.2 Disclosure of Pecuniary Interest
8.1.2.1 See Sub-section 7.2.
8.1.3 Announcements
8.1.3.1 See Sub-section 7.3.
8.1.4 Adoption of Minutes of Previous Meeting(s)
8.1.4.1 8.1.4.2 The Chair shall ask for a motion to adopt the minutes from previous
meeting(s).
8.1.4 Presentations
8.1.4.1 See Sub-section 7.4.
8.1.5 Delegations
8.1.5.1 See Section 9.
8.1.6 Reports / Correspondence Related to Delegations Presentations
8.1.6.1 See Sub-section 7.7.
8.1.7 Communications
8.1.7.1 See Section 7.8.
8.1.7.2 Minutes of external committees and boards, hall boards and BIA’s shall be
listed under this Section of the agenda.
All communications, designed to be presented to Council, which pertain to the mandate
of the GG Committee and directly relates to Clarington, received by the
Municipal Clerk before noon on Wednesday prior to the commencement of
the GG Committee meeting shall be listed under the heading
‘Communications’ on the agenda, and shall be included in its entirety unless
it is impractical to do so in which case it shall be included in a manner as
determined by the Municipal Clerk. The Municipal Clerk shall ensure that a
recommendation for disposal is prepared and included in the agenda.
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8.1.8.2 At the discretion of the Municipal Clerk, an item of correspondence received
after the publishing of the agenda and before the commencement of the
meeting, which is of an urgent nature or directly relevant to a matter on the
agenda for the meeting, may be added to the agenda. Such matter shall be
communicated to the Members of Council and posted on the Municipal
website as soon as possible.
8.1.8.3 Every communication to be presented to GG Committee, per
Sub-sections 8.1.8.1 to 8.1.8.2, shall be legibly written or printed, shall not
contain any impertinent or improper matter or language, shall identify the
author(s) including their name and address, and shall be filed with the
Municipal Clerk.
8.1.8.4 Communications to be posted to the municipal website may be abridged as
determined by the Municipal Clerk to facilitate posting.
8.1.9 Presentations
8.1.9.1 See Sub-section 7.4.
8.1.8 Staff Report(s) and Staff Memo(s)
8.1.8.1 All Staff reports and communications pertaining to the GG Committee
mandate as per Sub-section 5.2.2, or other such matter as may be referred
to the GG Committee by Council shall be submitted to the GG Committee
for consideration.
8.1.9 New Business - Consideration
8.1.9.1 Members may only introduce a motion on New Business provided that the
matter was introduced in accordance with the notice provisions.
8.1.9.2 Notice of New Business items will be satisfied if a Member submits a New
Business item, in writing, to the Municipal Clerk prior to the Committee
Agenda deadline. The New Business Item will be included in the New
Business – Consideration section of the Agenda.
8.1.9.3 Any changes in wording to a New Business item after publication of the
Agenda, shall require an amendment.
8.1.9.4 If a Member submits a New Business item to the Municipal Clerk after the
Committee Agenda Deadline and prior to the Committee Agenda Update
Deadline, it will be included in the Committee Agenda Update under the
New Business – Introduction section of the agenda, and it will require a 2/3
vote of the Members present, and voting at the meeting, to be added to the
agenda for discussion under the New Business – Consideration section of
the agenda with a note for the required 2/3 vote to be discussed.
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8.1.9.5 If a Member submits a New Business Item, that is not included in the
agenda, it shall be in writing, and shall not be considered until the next
appropriate Regular Committee meeting.
8.1.9.6 A motion to request a report from Staff regarding a matter not listed on the
agenda is not considered New Business but can be introduced under the
"Requests for Staff Reports" section of the agenda.
8.1.9.7 No seconder will be required at the time of providing notice.
8.1.9.8 New Business items shall be regarding the mandate of the appropriate
committee.
Members may only introduce a motion on any new business, provided that the matter
was introduced prior to voting on the motion to Adopt the Agenda, in
accordance with Sub-section 8.1.2
8.1.11.2 As per Sub-section 10.12.2, all motions introduced in accordance with
Sub-section 8.1.2.1 shall be in writing if requested by the Chair.
8.1.11.3 Notwithstanding Sub-section 8.1.2.1 at the conclusion of dispensing of all
business pertaining to each respective department, and prior to considering
the next section of the Agenda, Members may ask Questions of Department
Heads pertaining to any matter within the mandate of the GG Committee,
including those not necessarily listed on the agenda.
8.1.11.4 Notwithstanding Sub-section 8.1.11.1, and despite Sub-section 2.2, new
business matters of significance may be introduced by a simple majority of
members present and voting.
8.1.10 Unfinished Business
8.1.10.1 See Sub-section 7.11.
8.1.11 Questions to Department Heads / Request for Staff Report(s)
8.1.11.1 See Sub-section 7.15.
8.1.12 Confidential ReportsItems
8.1.12.1 The Confidential Reports Items Section of the GG Committee Agenda shall
include any confidential GG Committee Staff report (as outlined in
Sub-section 8.1.11.1) that, due to the nature of the report should be
considered by GG Committee in a closed meeting in accordance with Sub-
section 4.9.
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8.2 Planning & Development Committee (PD)
8.2.1 Call to Order
8.2.1.1 See Sub-section 7.1.
8.2.2 New Business -- Introduction
8.2.2.1 The chair shall provide each member the opportunity to introduce any new
business items, not otherwise to be considered under any section of the
Agenda, and which are within the mandate of the PD Committee.
8.2.2.2 New Business introduced in accordance with Sub-section 8.2.2.1 shall be
dispensed by the PD Committee during the New Business -- Consideration
section of the Agenda.
8.2.3 Adopt the Agenda
8.2.3.1 The chair shall ask for a motion to adopt the agenda. Prior to taking the
vote, members shall be provided an opportunity to state any other New
Business as per Sub-section 8.2.2.1 which will be dispensed under the New
Business -- Consideration Section of the Agenda.
8.2.3.2 For clarity, the call of the vote on Adopting the Agenda shall serve to
provide notice to Council, residents, and staff of “additional/new” matters to
be considered during the meeting. It closes the opportunity to add
additional unanticipated business matters and shall not serve to vote in
support of or in opposition to any matter requested to be added as New
Business.
8.2.2 Disclosure of Pecuniary Interest
8.2.2.1 See Sub-section 7.2.
8.2.3 Announcements
8.2.3.1 See Sub-section 7.3.
8.2.4 Adoption of Minutes of Previous Meeting(s)
8.2.4.1 The Chair shall ask for a motion to adopt the minutes from previous
meeting(s).
8.2.4 Public Meetings
8.2.4.1 Public Meetings shall be conducted in the following manner:
a) The Chair shall state the purpose of the Public Meeting and shall
explain to those present how the Public Meeting shall be
conducted.
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b) A member of the Municipality’s Staff shall address the PD
Committee to present the matter to the PD Committee.
c) Members of the public shall then be permitted to make
representation regarding the matter. The order in which members
of the public shall be heard is those opposed, those in support, and
then the applicant or agent who is present and indicates his desire
to be heard.
d) Then the applicant or agent may make representation.
8.2.4.2 Public meetings, under the Planning Act, shall be limited to two public
meetings per Planning and Development Committee meeting, unless
otherwise agreed between the Municipal Clerk and the Director of Planning
and Development Services.
8.2.4.3 After the Public Meeting has concluded, any related communications and
the related report will be considered as determined by the Chair, without a
need to alter the agenda.
8.2.5 Delegations
8.2.5.1 See Section 9.
8.2.6 Presentations
8.2.6.1 See Sub-section 7.4.
8.2.7 Reports / Correspondence Related to Delegations / Presentations
8.2.7.1 See Sub-section 7.7.
8.2.8 Communications
8.2.8.1 See Sub-section 7.8.All communications, designed to be presented to
Council, which pertain to the mandate of the PD Committee and directly
relates to Clarington, received by the Municipal Clerk before noon on
Wednesday prior to the commencement of the PD Committee meeting shall
be listed under the heading ‘Communications’ on the agenda, and shall be
included in its entirety unless it is impractical to do so in which case it shall
be included in a manner as determined by the Municipal Clerk. The
Municipal Clerk shall ensure that a recommendation for disposal is prepared
and included in the agenda.
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8.2.9.2 At the discretion of the Municipal Clerk, an item of correspondence received
after the publishing of the agenda and before the commencement of the
meeting, which is of an urgent nature or directly relevant to a matter on the
agenda for the meeting, may be added to the agenda. Such matter shall be
communicated to the Members of Council and posted on the Municipal
website as soon as possible.
8.2.9.3 Every communication to be presented to PD Committee, per
Sub-sections 8.2.9.1 to 8.2.9.2, shall be legibly written or printed, shall not
contain any impertinent or improper matter or language, shall identify the
author(s) including their name and address, and shall be filed with the
Municipal Clerk.
8.2.9.4 Communications to be posted to the municipal website may be abridged as
determined by the Municipal Clerk to facilitate posting.
8.2.9 Staff Report(s) and Staff Memo(s)
8.2.9.1 Staff reports pertaining to the PD Committee mandate as per Sub-section
5.3.2 or other such matter as may be referred to the PD Committee by
Council shall be submitted to the PD Committee for consideration See
Section 8.1.9.
8.2.10 New Business - Consideration
8.2.10.1 See Sub-section 8.1.10.Members may only introduce a motion on any new
business, provided that the matter was introduced prior to voting on the
motion to Adopt the Agenda, in accordance with Sub-section 8.2.2.1.
8.2.12.2 As per Sub-section 10.12.2, all motions introduced in accordance with
Sub-section 8.2.2.1 shall be in writing if requested by the Chair.
8.2.12.3 Notwithstanding Sub-section 8.2.2.1 at the conclusion of dispensing of all
business pertaining to each respective department, and prior to considering
the next section of the Agenda, Members may ask Questions of Department
Heads pertaining to any matter within the mandate of the PD Committee,
including those not necessarily listed on the agenda.
8.2.12.4 Notwithstanding Sub-section 8.2.12.1, and despite Sub-section 2.2, new
business matters of significance may be introduced by a simple majority of
members present and voting.
8.2.11 Unfinished Business
8.2.11.1 See Sub-section 7.11.
8.2.12 Questions to Department Heads / Request for Staff Report(s)
8.2.12.1 See Sub-section 7.15.
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8.2.13 Confidential ReportsItems
8.2.13.1 The Confidential Reports Section of the PD Committee Agenda shall include
any confidential PD Committee Staff report (as outlined in
Sub-section 8.2.12.1) that, due to the nature of the report should be
considered by PD Committee in a closed meeting in accordance with
Sub-section 4.8. See Section 8.1.13
Section 9 – Delegations
9.1 General
9.1.1 Where a single Delegation comprises more than five persons, only two of
them may make verbal submissions to Council or Committee, as the case
may be. The Delegation shall be limited to the time fixed by Sub-sections
9.2.5, 9.3.3 or 9.4.2, whichever is applicable.
9.1.2 Without leave of Council, members shall have one opportunity to ask
questions of Delegations for the purpose of clarifying their submissions only
or to elicit further information from them that is relevant to their submissions
and not to enter into debate with the delegate.
9.1.3 Where a Delegation wishes to provide Members with a petition and/or a
written communication supporting the Delegation’s comments, the petition
and/or communication shall be provided to the Municipal Clerk, or designate
prior to the meeting. The written communication may be distributed to the
Members at the discretion of the Municipal Clerk, or designate.
9.1.4 Municipal audio-visual equipment may be used to assist in delegations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, or designate, at the time the delegates(s) contact the
Municipal Clerk’s Division to register for the Meeting. The delegate’s
electronic presentation must be provided to the Municipal Clerk’s Division
no later than close of business the Friday preceding the commencement of
the Meeting. Electronic presentations will not be installed once the meeting
has begun.
9.1.5 No further delegations may be made in respect of a delegation placed on an
agenda in accordance with this Sub-section. For clarity, a delegation cannot
be a delegation to another delegation as a way of circumventing other rules
outlined in this by-law.
9.1.6 Persons desiring to verbally present information on matters of fact, or to
make a request to Council, shall give notice, including the subject of their
address and their desired action requested of Council, to the Municipal
Clerk by the Agenda Update Deadline.
9.1.7 No delegation may speak to matters described in section 2.5.
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9.1.9 No delegation may speak to the same matter twice within the same
meeting.
9.1.10 Where a delegation request is received after the Agenda Deadline and the
matter is included on an agenda for a meeting, the request will be added to
the addendum for the applicable meeting if written notice to the Clerk is
received by the Agenda Update Deadline for the appropriate Standing
Committee.
9.1.11 Where a delegation request is received after the Agenda Deadline and the
matter is not included on the agenda for the meeting, then the request will
not be placed on the immediate agenda but rather would be a future
Agenda of the appropriate Standing Committee.
9.1.12 A delegation, not listed on the agenda, shall not be heard without the
consent of at least 2/3 majority of the Members present and shall be
pertaining to an item listed on the Agenda.
9.2 Delegations - To Council
9.2.1 Delegations shall be restricted to speaking to matters included on the
Council agenda for the Meeting in question.
9.2.2 Notwithstanding Sub-section 9.2.1, Delegations shall not be permitted to
speak to a matter that was considered at is a subject of Report from the GG
Committee or PD Committee, or is the subject of a Staff report or matter
included under Unfinished Business included on the Council agenda, where
the Delegation spoke to the item at the GG Committee or PD Committee
meeting, including a Public Meeting, which is being reported to Council,
unless a majority of the Members present vote in favour to hear the
delegation at the adoption of the agenda.
9.2.3 Notwithstanding Sub-section 9.2.1, where the Municipal Clerk determines
that the matter is of an urgent nature and there is insufficient time for a
Delegation respecting it to be heard by the GG Committee or PD
Committee, subject to Sub-section 9.2.4, the Delegation may be permitted
to speak to Council on the matter.
Request to Speak
9.2.4 Delegations shall notify the Municipal Clerk no later than the Agenda
Update Deadline but delegations are encouraged to register prior to noon
on the Wednesday prior to the meeting to be included in the published
agendafifteen (15) minutes prior to close of business on the Friday
preceding the Council Meeting and shall state the nature of the issue they
wish to address.
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Time Limits – Delegations
9.2.5 Each Delegation in respect of a particular matter shall be limited to ten
(10)five (5) minutes in addition to the time taken by Council to ask questions
of the delegate and to receive answers to such questions.
9.3 Delegations - To Committee
9.3.1 Except where a particular matter has been reported by the Director of a
Department or the Chief Administrative Officer directly to Council, or in
cases in which the Municipal Clerk determines that the matter is of an
urgent nature and there is insufficient time for a delegation respecting it to
be heard by the Committee, all Delegations shall be directed to and heard
by Committee, as determined by the Municipal Clerk.
9.3.2 Notwithstanding Sub-section 9.3.1, unless otherwise determined by the
Municipal Clerk, Delegations shall not be permitted to:
a) speak to PD Committee regarding a matter that is the
subject of a Public Meeting which is included on the PD
Committee agenda.
b) speak to PD Committee regarding a matter which is within
the mandate of the GG Committee meeting.
c) speak to GG Committee regarding a matter which is within
the mandate of the PD Committee meeting.
Time Limits - Committee
9.3.3 Each Delegation to Committee in respect of a particular matter shall be
limited to ten (10) minutes in addition to the time taken by the Members to
ask questions of the Delegation and to receive answers to such questions.
See Section 9.2.5.
Request to Speak – Required
9.3.4 Delegations shall notify the Municipal Clerk no later than fifteen (15) minutes
prior to close of business on the Friday preceding the Committee Meeting
and shall state the nature of the issue they wish to address. See Section
9.2.4
Disposition of Items
9.3.5 When a delegate is addressing a matter that is not otherwise included on
the agenda, a motion to deal with the delegation shall be in order
immediately following the conclusion of the delegation.
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9.3.6 Where there is no accompanying Staff report or Staff communication
dealing with the subject of the delegation, the matter may be received or
referred to Staff by a simple majority vote. All other motions require a 2/3
majority vote of Council for approval.
9.3.7 When considering the disposition of items related to:
a) Provincial legislation, Council’s position shall be forwarded to the
Association of Municipalities of Ontario (AMO) for review and
consideration.
b) Federal legislation, Council’s position shall be forwarded to the
Federation of Canadian Municipalities (FCM) for review and
consideration.
c) Forwarding Council’s decision to all Ontario Municipalities, Staff shall
forward to the Association of Municipalities of Ontario (AMO) for review
and consideration and not to all municipalities.
9.3.8 When Council only receives a correspondence item for information, no
correspondence shall be sent to the submitter.
9.4 At a Public Meeting
9.4.1 Where it is Council’s responsibility to conduct a public meeting, the PD
Committee shall conduct such Public Meeting.
Time Limits
9.4.2 Delegations to PD Committee in respect of any such matter for which the
Public Meeting is held, shall be limited to ten (10) minutes in addition to the
time taken by Members to ask questions of the Delegation and to receive
answers to such questions. See 9.2.5.
Request to Speak – No Request Required
9.4.3 A person wishing to make representation on a matter for which a Public
Meeting is held, is not required to give written notice, unless it is required as
part of electronic meeting participation procedures as set out by the
Municipal Clerk and is not required to be listed on the PD Committee
agenda for the Meeting in question.
9.5 Special Meetings
9.5.1 No Delegation will be heard at a Special Meeting of Council or Committee
meeting unless otherwise directed in the call of the special meeting.
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9.6 Conduct of Delegations and Presenters
9.6.1 Delegations and presenters shall not:
a) speak disrespectfully of any person;
b) use offensive words;
c) speak on any subject other than the subject for which they have
given notice to address Council/Committee;
d) disobey the decision of the Chair;
e) enter into debate with Members; or
f) appropriate any unused time allocated to another Delegation or
Presenter.
g) deviate from answering directly when answering a question.
9.7 Petitions
9.7.1 An organizer of a public petition may submit the petition for inclusion on the
appropriate Committee agenda. That organizer shall provide their name,
address, email, and telephone number with the petition. No petition shall be
considered valid and accepted by the Municipal Clerk without the name and
contact information of the organizer.
9.7.2 Any communication with respect to the petition will be with the organizer of
the petition only.
9.7.3 Petitions shall contain the printed name, signature, and municipal address
of the individuals signing it. Signatures without contact information, or who
are not Clarington residents, shall be redacted by the individual or group
submitting the Petition or it will not be accepted by the Municipal Clerk nor
placed on an agenda.
9.7.3 The Municipal Clerk shall refuse to place a petition on the agenda where the
subject matter:
a) Does not meet the Communications criteria as outlined elsewhere in
this By-law;
b) Involves matters listed in section 2.5.
9.7.4 Signatories to a petition are deemed to have waived any expectation of
privacy as a result of the record being created for review by the general
public.
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9.7.5 Petitions may be placed on agendas at the discretion of the Municipal Clerk,
including the summarizing of the petition and numbers of signatories.
Section 10 – Rules of Debate and Conduct
10.1 Conduct of Members of Council or Members of Committees
10.1.1 No Member shall:
a) speak disrespectfully of any elected assembly;
b) use offensive words or unparliamentary language or speak
disrespectfully against the Council, against any Member, or against
any officer or employee of the Municipality;
c) speak on any subject other than the subject in debate;
d) disobey the Rules of Procedure or a decision of the Chair, on
questions of Points of Order or procedure or upon the interpretation
of the Rules of Procedure except where the ruling of the Chair is
reversed by Council pursuant to Sub-section 10.6.2. If a Member
persists in any such disobedience after having been called to order
by the Chair, the Chair shall forthwith order him to vacate the
Council Chambers or room in which the Meeting is being held, or
remove him from an electronic meeting but if the Member
apologizes they may, by majority vote of the Members, be
permitted to retake their seat; or
e) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter
or the substance of the deliberations of the closed Meeting to any
person.
10.2 Address the Chair
10.2.1 Any Member desiring to speak shall signify their desire to speak in such a
manner as the Chair may direct, and upon being recognized by them, shall
address the Chair.
10.3 Order of Speaking
10.3.1 When two or more Members signify a desire to speak, the Chair shall
recognize the Member who, in the opinion of the Chair, so signified first and
next recognize in order the other Members.
10.3.2 Members may ask questions of Staff, with the Chair’s permission, during
any portion of a Council or Committee meeting if it pertains to a matter on
the Agenda.
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10.4 Point of Privilege
10.4.1 Where a Member considers that their rights or integrity or the rights or
integrity of the Council or Committee as a whole have been challenged, as
a matter of Privilege, the Member may rise on a Point of Privilege at any
time, with the consent of the Chair, for the purpose of drawing the attention
of Council or Committee to the matter.
10.4.2 A Member who desires to address Council or Committee, as the case may
be, on a matter which concerns the rights or privileges of the Council
collectively, or as an individual Member, will be permitted to raise such Point
of Privilege. A breach of privilege is a willful disregard by a Member or any
other person of the dignity and lawful authority of Council. A Point of
Privilege will take precedence over other matters. W hen a Member raises a
Point of Privilege, the Chair may use the words “Councillor…state your
Point of Privilege”. While the Chair is ruling on the Point of Privilege, no one
will be considered to be in possession of the floor, but thereafter the
Member in possession of the floor when the Point of Privilege was raised,
has the right to the floor when debate resumes.
10.5 Point of Order
10.5.1 The Chair shall preserve order and decide on Points of Order.
10.5.2 A Member who desires to call attention to a violation of the Rules of
Procedure will ask leave of the Chair to raise a Point of Order. When leave
is granted, the Chair may use the words “Councillor…state your Point of
Order.” The Member will state the Point of Order with a concise explanation
and will comply with the decision of the Chair. The Member in possession of
the floor when the Point of Order was raised has the right to the floor when
debate resumes.
10.6 Appeal of Ruling of Chair
10.6.1 With respect to a ruling on either a Point of Privilege or Point of Order, if the
Member does not appeal immediately thereafter to Council or Committee,
as the case may be, the decision of the Chair shall be final.
10.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal
immediately to Council or Committee, as the case may be, otherwise, the
decision of the Chair is final.
10.6.2 If the decision is appealed, the Chair will give concise reasons for their
ruling, and will call a vote by Council or Committee, as the case may be,
without debate on the following question: “Will the ruling be sustained?”,
and the decision of Council or Committee is final. The Chair may vote on
this question. In the event of a tie vote, the ruling of the Chair shall be
deemed to be sustained.
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10.7 Members Speaking
10.7.1 When a Member is speaking, no other Member shall pass between him and
the Chair, or interrupt him except to raise a Point of Order.
10.8 Question Read
10.8.1 Any Member may request the question or motion under discussion to be
read at any time during the debate but not so as to interrupt a Member while
they are speaking.
10.9 Speak Once - Reply
10.9.1 No Member shall speak more than once to the same question without leave
of Council or Committee, as the case may be, by a simple majority, except
that a reply shall be allowed to be made only by a Member who has
presented the motion, but not by any Member who has moved an
amendment or procedural motion in response to that motion.
10.10 Time Limit
10.10.1 No Member, without leave of Council or Committee, as the case may be,
shall speak to the same question or in reply for longer than five (5) minutes.
10.11 Questions
10.11.1 A Member may ask a question for the purpose of obtaining information
relating only to the matter under discussion and such questions must be
stated concisely and asked only through the Chair.
10.11.2 Notwithstanding Sub-section 10.11.1, when a Member has been recognized
as the next speaker, then immediately before speaking, such Member may
ask a question through the Chair to any Member, the Chief Administrative
Officer, or Department Head, or designate, concerning any matter
connected with the business of the Municipality but only for the purpose of
obtaining information on matters contained on the Agenda, following which
the Member may speak.
10.12 Motions
Reading
10.12.1 All motions must be introduced by a mover and seconder before the Chair
may put the question or motion on the floor for consideration. If no Member
seconds the motion, the motion shall not be on the floor for consideration
and therefore it shall not be recorded in the minutes. In a Meeting of
Council, unless otherwise provided for in this Procedural By-law, all motions
must be in writing.
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10.12.2 Notwithstanding Sub-section 10.12.1, in a Meeting of Committee, unless
otherwise provided for in this Procedural By-law, all motions introduced in
accordance with Sub-sections 8.1.2.1 and 8.2.2.1 must be in writing if
requested by the Chair.
10.12.2 When a motion is presented in a Meeting, it shall be read by the Member,
or, if it is a motion which may be presented orally as provided in Sub-section
10.12.8 it shall be stated by the Chair before debate.
10.12.3 Notwithstanding Sub-section 10.12.2, a motion, the wording of which is
printed in the agenda as either a separate item or as part of a report, need
not be read in its entirety unless requested to do so by a Member, but shall
be deemed to have been read for the purposes of introducing the motion.
Withdrawn
10.12.4 After a motion is properly moved and seconded, it shall be deemed to be in
possession of Council or Committee, but may be withdrawn by the mover at
any time before decision or amendment.
No debate until properly moved and seconded
10.12.5 No Member shall speak to any motion until it is properly moved and
seconded, and the mover is entitled to speak first if the Member so elects.
If debated, the question or motion may be read before being put.
Motion Ruled Out of Order
10.12.6 Whenever the Chair is of the opinion that a motion is contrary to these
Rules of Procedure, the Chair shall rule the motion out of order.
Not within jurisdiction of Council
10.12.7 A motion in respect of a matter which requires the exercise of a legislative
power by Council which is not within its jurisdiction, shall not be in order at a
Meeting of Council or Committee unless it is for purposes of requesting a
higher level of government to make changes to policy or legislation.
Matters and Motions Without Notice and Without Leave
10.12.8 The following matters and motions may be introduced orally by a Member
without notice and without leave, except as otherwise provided by this
Procedural By-law, and shall be decided without debate:
a) A Point of Order or Privilege;
b) To adjourn;
c) To suspend the Rules of Procedure;
d) To table the question without direction or instructions;
e) To divide;
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f) Question be now put; and
g) To recess.
10.12.9 The following motions may be introduced orally by a Member without notice
and without leave, except as otherwise provided by this Procedural By-law,
and may be debated:
a) To refer;
b) To table with instructions (instructions for tabling only to be
debatable);
c) To amend;
d) To extend the time of the Meeting;
e) To receive for information or with thanks;
f) To adopt the Minutes;
g) To approve/receive the Standing Committee or Advisory Committee
Minutes;
h) To passing By-laws;
i) To dispense with Consent Agendas; and
c)j) That the Question Now be Put., and
d) To rescind.
Motion in Writing
10.12.10 Except as provided by Sub-section 10.12.8 and 10.12.9, all motions
introduced at a Council Meeting shall be in writing unless listed in the
Agenda.
Priority of Disposition
10.12.11 A motion properly before Council or Committee for decision must be
disposed of before any other motion can be received except a motion in
respect of matters listed in Sub-section 10.12.8 or 10.12.9.
Motion to Refer or Commit
10.12.12 A motion to refer a matter under discussion by Council or Committee shall
be considered before all amendments to the main question are considered
until the motion to refer is decided.
10.12.13 A motion to refer a matter where an amendment is currently under
consideration, shall be considered a motion to refer the original matter and
any amendments that have been put to a vote, and shall include an
amendment that has not yet been decided.
10.12.14 If communication items, or delegations, are referred to another Agenda item
which is subsequently referred to a future meeting, there is no need to
include the communication items, or delegations, in the Agenda of the
subsequent meeting.
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10.12.15 A motion to refer or commit, or any amendment to it, is debatable and shall
include:
a) The name of the committee or person tTo whom the matter is to be
referred, which may be Council, Committee, a Department or a
person, and
b) The terms for referring the matter and the time or period, if any, on or
within which the matter is to be returned.
Motion to Amend
10.12.16 A motion to amend:
a) Shall be presented in writing if requested by the Chair;
b) Shall relate to the subject matter of the main motion;
c) Shall not be received proposing a direct negative to the question; and
d) Shall be put to a vote in reverse order to the order in which the
amendments are made.
10.12.17 Only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original motion.
Motion to Amend Something Previously Adopted
10.12.18 See Sub-section 7.14.A motion to amend a previous action of Council
requires a majority vote of the Members present and voting provided that
notice has been given in accordance with Sub-section 7.14, and in case the
aforesaid notice has not been given, the motion to amend a previous action
of Council requires a two-thirds (2/3) vote of the Members present and
voting.
10.12.19 No motion to amend something previously adopted a decided matter of
Council shall be in order when the original motion has been implemented
resulting in a legally binding commitment that is in place on the date that a
motion to reconsider, or amend, is to be debated.
Question Be Now Put
10.12.20 A motion that the question be now put:
a) Is not debatable;
b) Cannot be amended;
c) Cannot be proposed when there is an amending motion under
consideration, except for the purpose of moving that the amending
motion be put;
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d) When resolved in the affirmative, requires that the question(s),
motion, amending motion or motion as amended, whichever is under
consideration be put forward immediately without debate or
amendment;
e) Can onlyMay be moved in the following words, “that the question be
now put”; and
f) A motion that the “question be now put” requires an affirmative vote
of two-thirds of the Members present and voting.
Motion to Table
10.12.21 A motion simply to table is not debatablecannot be debated or amended
except where instructions are included, in which case, only the instructions
shall be debatable. Such motion cannot be amended.
10.12.22 The matter tabled shall not be considered again by the Council or
Committee until a motion has been made to lift from the table the tabled
matter at the same or a subsequent Meeting.
10.12.23 A matter tabled at a Meeting of Committee may be lif ted from the table by
Council.
10.12.24 A matter tabled at Council may not be lifted from the table at a Meeting of
Committee.
10.12.25 A motion to lift a tabled matter from the table is not subject to debate or
amendment. A motion to table shall only be used to table a matter
indefinitely. For clarity, if Council/Committee wishes to consider a matter at
a future meeting, a referral motion would be in order.
10.12.26 A motion that has been tabled at a previous Meeting cannot be lifted from
the table unless notice thereof is given in accordance with Sub-section 7.14.
Motion to Divide
10.12.27 A motion containing distinct proposals may be divided and a separate vote
shall be taken upon each proposal contained in a motion if decided upon by
a majority vote of the Members present and voting. For clarity, a motion to
divide shall be handled as follows:
a) Original motion is duly moved and seconded;
b) Mover and seconder for a motion to decide whether to divide ABC
from the motion;
c) If the motion to divide passes, the Chair calls the v ote on the
balance;
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d) A new mover and seconder is required to move ABC and the Chair
calls the vote on ABC.
Motion to Rescind
10.12.28 See Sub-section 7.14.A motion to rescind a previous action of Council
requires a majority vote of the Members present and voting provided that
notice has been given in accordance with Sub-section 7.14, and in case the
aforesaid notice has not been given, the motion to rescind a previous action
of Council requires a two-thirds (2/3) vote of the Members present and
voting.
10.12.29 A motion to rescind is not in order when action has been taken on the order
of Council which it is impossible to reverse. The part of an order of Council
which has not been acted upon, however, may be rescinded.
Reconsideration
10.12.30 A resolution, by-law or any question or matter (except one of indefinite
postponement) which has been adopted previously by Council may be
reconsidered by Council subject to the following:
a) A Procedural Notice of Motion has been introduced according to the
procedure for Procedural Notice of Motion, provided for in
Sub-section 7.14;
b) Debate on a motion to reconsider must be confined to reasons for or
against the subject of the reconsideration;
c) No discussion of the main substantive motion shall be allowed until
the motion for reconsideration is carried;
d) Such motion must be supported by two-thirds (2/3) of the Members
present and voting in favour of such reconsideration before the
matter is re-opened for debate unless the reconsideration is on a
matter passed by a previous Council wherein a simple majority of the
members present and voting is sufficient to reconsider the matter;
e) If a motion to reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless the
motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been
voted on;
f) If a motion to reconsider is decided in the affirmative at a Meeting,
the previously adopted resolution of Council remains in force unless
and until Council adopts a new resolution; and
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g) A vote to reconsider a particular matter or decision will not be
considered more than once during the term of Council.
10.12.30.1 Where a written decision of the Local Planning Appeal Tribunal (LPAT)
identifies findings with regard to an appeal and delivers those findings to
Council to make a new decision, the matter shall be placed as soon as
practicable on the PD Committee meeting agenda by way of a staff report,
following receipt of the written decision from LPAT. The matter shall be
deemed not to be a "reconsideration" under section 10.12.28 of this By-law.
10.12.31 No motion to reconsider a decided matter of Council shall be in order when
the original motion has been implemented resulting in a legally binding
commitment that is in place on the date that a motion to reconsider, or
amend, is to be debated.
Motion to Recess
10.12.32 A motion to recess shall provide for Council or Committee to take a short
intermission within a Meeting which shall neither end the Meeting nor
destroy its continuity and after which, proceedings shall immediately resume
at the point where they were interrupted.
10.12.33 A motion to recess is not debatable, but is amendable as to the length of the
recess.
Motion to Adjourn
10.12.34 A motion to adjourn:
a) Shall always be in order except as provided by this Procedural
By-law;
b) Is not in order when a Member is speaking or during the verification
of a vote;
c) When resolved in the negative, cannot be made again until after
some intermediate proceedings shall have been completed by
Council or Committee, as the case may be;
d) Is not in order immediately following the affirmative resolution of a
motion that the question be now put;
e) If carried, without qualification, will bring a Meeting to an end;
f) To a specific time, or to reconvene upon the happening of a specified
event, if carried, suspends the Meeting to continue at such time; and
g) Is not debatable.
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10.12.35 A motion to proceed beyond the scheduled adjournment time:
a) Shall not be amended or debated;
b) Shall always be in order except when a Member is speaking or the
Members are voting; and
c) Shall require the support of two-thirds (2/3) of the Members present
and voting.
10.13 Voting on Motions
10.13.1 Immediately preceding the taking of the vote on a motion, the Chair may
state the question in the form introduced and shall do so if required by a
Member.
10.13.2 After a question is finally put by the Chair no Member shall speak to the
question nor shall any other motion be made until after the vote is taken and
the result has been declared.
10.13.3 Every Member present at a Meeting, when a question is put, shall vote
thereon unless disqualified under the Municipal Conflict of Interest Act to
vote on the question.
10.13.4 Except where the Member is disqualified under the Municipal Conflict of
Interest Act from voting, if a Member does not vote when a question is put,
the member shall be deemed to have voted in the negative.
10.13.5 A Member not in their seat when the question is called by the Chair is not
entitled to vote on that question.
10.13.6 Each Member has only one vote.
10.13.7 The vote required to pass a motion shall be a simple majority except as
otherwise provided by this Procedural By-law or by Statute.
10.13.8 Except for a Recorded Vote, Tthe Chair shall announce the result of every
vote.
Unrecorded Vote
10.13.9 The manner of determining the decision of the Council or Committee on a
motion shall be at the discretion of the Chair and may be by voice, show of
hands, standing, or otherwise.
Recorded Vote
10.13.10 A Recorded Vote shall be in order at Council, Committee and Local Board
meetings, and may be requested immediately before or after the taking of
the vote.
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10.13.11 When a Recorded Vote is requested by a Member during a Meeting, or is
otherwise required, the Municipal Clerk shall record the name and vote of
every Member.
10.13.12 The order in which Members vote on recorded votes shall be in alphabetical
order of the Members present and voting, commencing with the Member
who made the request and continuing through the alphabet and then back
to the beginning of the alphabet, if necessary, until all Members have voted.
The Chair shall vote last.
10.13.13 If a request for a recorded vote is made by the Chair, the order in which
Member’s vote shall be in alphabetical order of the Members present and
voting. The Chair shall vote last.
10.13.14 The Municipal Clerk, or designate, shall announce the results of the
Recorded Vote.
Consent Resolution
10.13.15 Should a Member wish to discuss an item on a consent resolution, including
a change to the recommended motion, they would request the item be
“pulled” from the consent resolution and that item would be discussed
separately.
10.13.16 Should a Member have a pecuniary interest in an item on a consent
resolution, the item shall be removed from the consent resolution and dealt
with separately.
10.13.17 Should a Member wish to simply discuss an item on a consent resolution,
but not change the recommended motion, the Member may do so without
“removing” the item from the consent resolution.
10.14 Conduct of the Audience
10.14.1 Members of the public who constitute the audience in the Council Chamber
or adjacent to the Meeting room, or in an electronic meeting, or other such
place where the Meeting is held in accordance with Sub-section 4.1 of this
Procedural By-law, during a Meeting, shall maintain order and quiet and
may not:
a) Address Council or Committee without permission;
b) Interrupt any speaker or action of the Members or any other person
addressing Council or Committee;
c) Speak out;
d) Clap, except following award presentations;
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e) Behave in a disorderly manner; or
f) Make any other noise or sound that proves disruptive to the conduct
of the meeting.
Section 11 - Implementation
11.1 Any omissions, or failure to strictly comply, with this By-law or any other
municipal legislation (including any notice which is substantively given but is
irregular) will not invalidate the holding of a meeting or any proceeding or
decision taken at the meeting.
11.2 By-law 2015-029 and all amendments thereto, including and may not be
limited to By-laws 2016-075, 2016-082, 2018-002, 2018-012, 2018-073,
2019-011, 2019-057, 2020-022, 2020-046, 2020-060, 2020-077 are hereby
repealed.
11.3 This Procedural By-law shall come into full force and effect on
_____________.
By-law passed in open session this ____ day of, ___________, _____.
ORIGINAL BY-LAW SIGNED
Page 160
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: General Government Committee
Date of Meeting: May 10, 2021 Report Number: FSD-021-21
Submitted By: Trevor Pinn, Director of Finance/Treasurer
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: Resolution#:
Report Subject: 2020 Annual Statement for the Development Charges Reserve Funds
Recommendations:
1. That Report FSD-021-21 be received; and
2. That a copy of this report be posted on the Municipality’s website.
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Report FSD-021-21
1. Background
1.1 In accordance with the Development Charges Act, 1997, Schedule “A” attached shows
the activity in the Development Charges Reserve Funds for the year ended December
31, 2020, including opening and closing balances.
1.2 Schedule “B” attached shows capital projects which were funded during the year ended
December 31, 2020 with development charges. The table shows the total expenses,
development charge financing and non-development charge financing.
1.3 Schedule “C” attached shows operating expenses which were funded during the year
ended December 31, 2020 with development charges. The table shows the total
expenses, development charge financing and non-development charge financing.
1.4 Schedule “D” attached shows projects which have been previously approved by Council
through resolution or prior years’ budgets. The amount committed relates solely to the
development charges portion.
1.5 This statement is compliant with Section 59.1(1) of the Development Charges Act, 1997.
2. Additional Information
2.1 For the year ended December 31, 2020, a total of 1,170 residential building permits
were issued of various types. Approximately 995 units were anticipated for 2020 in the
2020/21 Development Charges Background Study. A total of 41 capital fund (2019 –
38) and 11 (2019 – 14) revenue fund projects have been financed by development
charges.
2.2 The Municipality collected $14,526,735 in municipal development charges in 2020, this
compares to $3,361,490 in 2019.
2.3 On January 18, 2021, Council passed by-law 2021-010, approving the Municipality’s
Draft Development Charges Background Study, October 15, 2020 and the Addendum to
the Development Charges Background Study, November 3, 2020 prepared by W atson
& Associates Economists Ltd. The by-law came into force on January 19, 2021 and will
expire five years after that date.
Report Overview
This report complies with the reporting requirements of Section 43 of the Development
Charges Act, 1997 to disclose the annual activity in the Development Charges Reserve
Funds for 2020.
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Report FSD-021-21
2.4 As identified in Schedule “A”, the General Government DC Reserve Fund has an
available balance of $567,583 at December 31, 2020, with commitments in the 2021
Budget of $900,000, leaving a deficit of $332,417. This commitment relates to an
update to the Official Plan and the actual outlays required in 2021 will be approximately
$300,000. The funds available in the DC General Government reserve fund plus
expected incoming development charge proceeds in future periods will be sufficient to
cover the commitments as they arise.
2.5 During the 2020 fiscal year, the Indoor Recreation DC Reserve Fund has been fully
repaid. It is expected to continue to remain funded provided that growth targets continue
to be met.
3. Concurrence
Not Applicable
4. Conclusion
It is respectfully recommended that the Annual Statement for the Development Charges
Reserve Funds be received for information and made available to the public by posting
on the Municipality’s website.
Staff Contact: Michelle Pick, Accounting Services Manager / Deputy Treasurer, 905-623-3379
ext.2605 or mpick@clarington.net.
Attachments:
Attachment 1 – Schedule “A” Development Charges Reserve Funds Activity 20 20
Attachment 2 – Schedule “B” Development Charges Reserve Funds Capital Projects 20 20
Attachment 3 – Schedule “C” Development Charges Reserve Funds Operating Expenses 2020
Attachment 4 – Schedule “D” Development Charges Reserve Funds Committed Projects
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 163
Municipality of Clarington Schedule A
Development Charges Reserve Funds Statement
For the 2020 Year
580 581 582 583 584 585 586 587
General Library Fire Protection Indoor Park Dev. & Operations Roads and Parking Total
Government Services Services Recreation Related Facilities Related
Balance as of December 31, 2019 (1,502,543)$ (1,212,372)$ (5,555,843)$ 1,013,888$ (2,930,887)$ (3,682,178)$ (23,880,343)$ (473,282)$ (38,223,560)$
Plus:
Development Charge Proceeds (361,443) (628,975) (768,093) (4,045,723) (1,286,351) (745,391) (6,652,418) (38,341) (14,526,735)
Development Charge Incentives (59,191) (26,582) (125,094) (170,984) (54,365) (121,653) (857,789) (6,341) (1,422,000)
Accrued Interest Apportionment (61,225) (59,171) (221,298) (33,512) (137,769) (151,062) (992,935) (18,151) (1,675,123)
Transfer from Revenue Fund -
Transfer from Capital Fund -
Subtotal (481,860) (714,729) (1,114,485) (4,250,219) (1,478,485) (1,018,106) (8,503,142) (62,833) (17,623,858)
Less:
Amount Transferred to Capital Fund * - 56,726 - 97,723 157,114 1,806,124 - 2,117,686
Amount Transferred to Revenue Fund** 178,924 78,341 - 1,616,351 14,150 - 1,086,219 - 2,973,985
Amount Transferred between Reserve Funds 90,000 90,000
Subtotal 178,924 168,341 56,726 1,616,351 111,872 157,114 2,892,343 - 5,181,671
Closing Balance as of December 31, 2020 (1,805,479) (1,758,759) (6,613,602) (1,619,980) (4,297,499) (4,543,170) (29,491,142) (536,115) (50,665,746)
Committed Amounts from Prior Years *** 1,237,896 389,196 105,274 - 2,751,879 1,771,161 16,274,609 22,530,015
Available at December 31, 2020 (567,583) (1,369,563) (6,508,328) (1,619,980) (1,545,621) (2,772,009) (13,216,533) (536,115) (28,135,732)
Committed Amounts from 2021 Budget **** 900,000 313,694 1,592,199 1,380,000 300,000 3,409,776 7,895,669
Balance Available for Future Needs 332,417$ (1,055,869)$ (6,508,328)$ (27,781)$ (165,621)$ (2,472,009)$ (9,806,757)$ (536,115)$ (20,240,063)$
* See Schedule B Total Development Charges collected on behalf of the Region in 2020 18,996,781.90$
** See Schedule C Less: amounts paid to the Region 2020 18,996,781.90
*** See Schedule D Total Development Charges due to the Region at December 31, 2020 -$
**** 2020 Budget (includes 2020 debenture payments)
Note: brackets = funds available, no brackets = shortfall
Page 164
Municipality of Clarington Schedule B
Development Charges Reserve Funds Statement
For the 2020 Year
Total Expenses D/C R/F Non D/C
Capital Expenses For 2020 Financing Financing Description
D/C - Emergency Services
Bunker Gear 69,182 6,765 38,222 Tax Levy
24,194 Self Insured Reserve
Vehicle Replacements 97,012 49,961 5,821 Tax Levy
41,230 Fire Equipment R/F
166,194$ 56,726$ 109,468$
D/C - Park Development & Related Facilities
Bowmanville Valley Trail 33,667 30,300 3,367 Mun Cap Works R/F
Courtice Lease Free Dog Park 5,183 4,664 518 Mun Cap Works R/F
Newcastle Community Park 31,151 28,036 3,115 Mun Cap Works R/F
Waterfront Trail Extension-Bennett Rd to Existing Trail 2,286 2,057 229 Mun Cap Works R/F
Sidewalk - Waterfront Trail - Waverley Rd to West Beach Rd 217,047 11,091 190,723 Federal Gas Tax
15,232 Mun Cap Works R/F
Outdoor Needs Study 23,971 21,574 2,397 Mun Cap Works R/F
313,304$ 97,723$ 215,582$
D/C - Operations
Bowmanville Cemetery 12,077$ 10,869$ 1,208$ Mun Cap Works R/F
Municipal Law Enforcement Electric Vehicle 41,142 37,028 4,114 Tax Levy
New Equipment Purchase - 2018 Roads 31,050 2,826 27,910 Tax Levy
314 Mun Cap Works R/F
New Equipment Purchase - 2019 Roads 116,374 104,737 11,637 Mun Cap Works R/F
New Equipment Purchase - 2020 Roads 1,838 1,654 184 Mun Cap Works R/F
202,481$ 157,114$ 45,367$
D/C - Roads And Related
Streetlights - Baseline Rd & Lambs Rd 127,525$ 127,525$ -$
North Scugog Crt Surface Asphalt 707,443 633,205 74,238 Mun Cap Works R/F
Longworth Ave Extension EA (Green Rd to Holt Rd) 24,520 24,520
King St Cycling Facility 15,475 7,738 7,738 Mun Cap Works R/F
Nash Rd Rehab and Bicycle Facilities (Solina Rd to Hancock Rd) 8,228 8,228
Sidewalk - North Street (George St to Remi Court) 6,571 6,571
Tooley Rd Sidewak (Nash Rd - 265m N Nash Rd) 30,309 30,309
Scugog St Intersection Improvements 106,893 19,177 87,715 Mun Cap Works R/F
Liberty St DC Sidewalk (Longworth to Bons) 81,254 81,254
Various Erosion Protection 34,059 22,707 11,352 Mun Cap Works R/F
Green Rd Intersection Improvements 1,411 1,411
Green Rd Traffic Signal at Stevens Rd. 255,053 255,053
King St Intersection Improvements 69,927 30,838 39,089 Mun Cap Works R/F
George Reynods Dr 34,453 34,453
Concession Road 3 (Middle Rd to Liberty St) 21,996 18,455 3,541 Mun Cap Works R/F
Lake Rd Extension (Bennett Rd to 310m west) 20,709 18,431 2,278 Mun Cap Works R/F
Page 165
Municipality of Clarington Schedule B
Development Charges Reserve Funds Statement
For the 2020 Year
Total Expenses D/C R/F Non D/C
Capital Expenses For 2020 Financing Financing Description
Lambs Rd (Baseline to 275m N of Baseline Rd) 78,502 70,651 7,850 Mun Cap Works R/F
Baseline Rd Reconstruction (Trulls Rd to Courtice Rd) 87,863 82,592 5,272 Mun Cap Works R/F
Green Road Grade Separation 31,709 31,709
Ruddell Rd Reconstruction (Hwy#2 to 500m N of Hwy#2) 3,826 3,634 191 Mun Cap Works R/F
Baseline Rd (Lamnbs to Bennett) 125,093 125,093
Grady Drive Environment Assessment Completion 29,828 29,828
Sidewalk - Waterfront Trail (Waverley Rd to West Beach Rd) 126,000 126,000
Port Darlington Subdivision Rd 2016 1,792 1,792
Street lighting - Baseline Rd (Green Rd to West Side Dr) 1,116 1,043 74 Mun Cap Works R/F
RR17 Sidewak (Mill St - CPR Eastside) 13,335 13,335
Port Darlington Waterfront Park East Beach Phase 1 2,203 397 1,337 Mun Cap Works R/F
470 Roads Contribution R/F
Lambs Rd (Hwy#2 to Conc St E) 198 178 20 Mun Cap Works R/F
2,047,288$ 1,806,124$ 241,164$
Total Capital Expenses 2,729,267$ 2,117,686$ 611,581$
Summary of Financing:
56,726 D/C - Emergency Services
97,723 D/C - Park Dev/Related Facilities R/F
157,114 D/C - Operations R/F
1,806,124 D/C - Roads and Related R/F
278,896 Municipal Capital Works R/F
190,723 Federal Gas Tax
470 Roads Contribution R/F
41,230 Fire Equipment R/F
76,067 Tax Levy
24,194 Self Insured Reserve
Total Financing 2,729,267$ 2,117,686$ 611,581$
Page 166
Municipality of Clarington Schedule C
Development Charges Reserve Funds Statement
For the 2020 Year
Total Expenses D/C R/F Non D/C R/F
REVENUE FUND EXPENSES For 2020 Financing Financing Description
D/C - General Government
OP Appeal Legal Costs 35,133$ 21,332$ 5,801$ Prof Fees
8,000$ Tax Levy
DC Study 26,617 26,617
Secondary Plan - Bowmanville East 118,640 19,508 2,168 Prof Fees
26 Tax Levy
96,939 Recoverable from Developer
Secondary Plan - Tooley Robinson 174,174 78,399 8,711 Prof Fees
87,064 Recoverable from Developer
Secondary Plan - Energy Park 82,889 16,500 1,833 Prof Fes
8,072 Tax Levy
56,483 Recoverable from Developer
Secondary Plan - Bowmanville West 23,689 16,567 1,841 Prof Fes
5,282 Tax Levy
461,142$ 178,924$ 282,218$
D/C Library Services
Contribution towards Debenture Debt - Courtice Library 78,342 78,341
78,342$ 78,341$
D/C - Indoor Recreation
Contribution towards Debenture Debt- Bowmanville Indoor Soccer 166,571$ 149,914$ 16,657$ Debt Retirement RF
Contribution towards Debenture Debt- Newcastle District Recreation Ctr 1,629,375 1,466,438 162,938 Tax Levy
1,795,946$ 1,616,351$ 179,595$
D/C - Park Development & Related Facilities
Park Development Consulting 14,786$ 14,150$ 636$ Tax Levy
14,786$ 14,150$ 636$
D/C - Roads and Related
Contribution towards Debenture Debt- Green Road 1,086,219 1,086,219
1,086,219$ 1,086,219$ -$
Total Revenue Fund Expenses 3,343,307$ 2,973,985$ 462,449$
Summary of Financing:178,924$ D/C - General Goverment
78,341 D/C - Library Services
1,616,351 D/C - Indoor Recreation
14,150 D/C - Park Dev & Rel Fac
1,086,219 D/C - Roads and Related
16,657 Debt Retirement R/F
184,953 Tax Levy
20,353 Professional Fees Reserve
240,485 Recoverable from Developer
TOTAL FINANCING 3,343,307$ 2,973,985$ 462,449$ Page 167
Municipality of Clarington Schedule D
Development Charges Reserve Funds Statement
For the 2020 Year
Committed Amounts From Prior Years' Budgets and Council Approvals
Amount
Year Project Description Committed
D/C - General Government
2009 Operating 2017 Plan-OP Review-Consulting services growth mangement & Intensification-Courtice Industrial/special study 4 Bow. West Sec Plan 66,160
2011 Operating Planning studies-Technology Park-streetscape zoning bylaw 23,166
2011 Operating Plan-OP review-miscellaneous/contingency 11,348
2011 Operating 2017 Plan-OP review-commercial policy review-Courtice Industrial/special study 4 Bow. West Sec Plan 22,693
2012 Operating Planning studies-Technology & Planning/Review project 27,686
2015 Unexpended Planning studies-zoning bylaw review-90% DC [10% Prof fees Res tax levy] 108,639
2016 Operating Operations-needs study [10% Prof fees Res tax levy] PO#11074 5,991
2016 Operating Plan studies-waterfront vision implementation plan [10% Prof fees Res tax levy] 90,000
2017 Council Secondary Plan Agreement template [10% tax levy] 18,000
2017 Operating Planning Studies-Tooley Robinson Subwatershed Study 31,454
2017 Operating Planning Studies-Bow East Town Ctre Sec Plan 127,311
2017 Operating Planning Studies-Courtice Industrial/special study 4 Courtice Employment Lands 135,000
2018 Bowmanville West Secondary Plan 14,400
2019 Operating DC Study 7,966
2019 Operating OP Appeal Legal Costs 71,082
2019 Operating Planning Studies 144,000
2020 Operating DC GG Budget commitments - Plan Studies 333,000
Total Committed:1,237,896$
D/C - Library Services
2017 Capital Library Collection 114,429
2018 Capital Library Collection 19,589
2019 Capital Library Collection 127,589
2020 Capital Library Collection 127,589
Total Committed:389,196$
D/C - Emergency Services
2020 Capital Bunker Gear - New Recruits 9,235
2020 Capital Fleet- Prevention Division (1) EV and (1) EV Charger 10,039
2020 Operating Fire Master Plan 80,000
2020 Operating New Firefighter Uniforms 6,000
Total Committed:105,274$
D/C - Park Development & Related Facilities
2017 Capital Farewell Creek Park Trail - Phase 1 10,652$
2018 Capital Bowmanville Valley Trail (Baseline to Waterfront) 310,952
2019 Capital Bowmanville Valley Trail (Baseline to Waterfront) 247,500
2019 Capital Newcastle Community Park - Phase 1 39,464
2019 Capital Toyota Trail 189,000
2019 Capital Farewell Creek Trail - Phase 2 407,193
Page 1 of 4
Page 168
Municipality of Clarington Schedule D
Development Charges Reserve Funds Statement
For the 2020 Year
Committed Amounts From Prior Years' Budgets and Council Approvals
Amount
Year Project Description Committed
2019 Operating Consulting Parks Design [10% tax levy] 12,850
COD-018-19 Sidewalk - Pave the Waterfront Trail (Waverly Rd to West Beach Rd- rsf of funds from 110-32-325-83257-7401)102,277
2020 Capital Rhonda Park Trail (from 1505 Bowmanville Ave.)36,000
2020 Capital Farewell Creek Park Trail - Phase 2 95,490
2020 Capital Newcastle Community Park - Phase 1 1,287,000
2020 Operating Consulting Parks Design 13,500
Total Committed:2,751,879$
D/C - Operations
2017 Capital Bowmanville Cemetery Expansion-Design 10,256
2019 Capital 2019 - Fleet New - Roads 481,559
2020 Capital 2020 - Fleet New - Roads 86,846
2020 Capital Bowmanville Cemetery Expansion-Design & Construction 1,192,500
Total Committed:1,771,161$
D/C - Roads and Related
2011 Capital Baseline Rd Sidewalk- Green to Westside 71,272
2011 Capital Brookhill Tributary Nick Point Remedial Work- C/P closed in 2018, project projected for 2020 Budget 7,101
2014 Capital Brookhill Blvd Oversizing 310,000
2015 Capital Sidewalk-Rudell Rd (Sunset Blvd to Hart) 43,000
2015 Capital Rudell Rd Reconstruction 60,000
2015 Capital Scugog St./Middle Rd Reconstruction 136,900
2016 Capital Lambs Road interchange at Hwy 401 - cost/benefit study 13,321
2016 Capital Liberty St sidewalk (Longworth to Bons-west side) 16,237
2016 Capital Longworth Ave extension EA (Green to Holt) 35,340
2016 Capital Middle Rd reconstruction (Con Rd 3 to urban limit) 74,319
2016 Capital Soper Creek pedestrian link to Camp 30 338,400
2016 Capital Grady Drive ( at Foster Creek) Environmental Assessment Completion 80,003
2017 Capital George Reynolds Dr Extension 25,217
2017 Capital King St Cycling Facility ( RR 57 to Roenigk Dr) 2,779
2017 Capital North Street Sidewalk (George to Remi) 78,429
2017 Capital Scugog St at Wellington St Intersection Improvements 702
2017 Capital Longworth Ave and Green Rd Intersection 38,126
2018 Capital Street lighting - RR57 (Hwy2 to 150m N of Stevens Rd) 20,000
2018 Capital Street lighting - RR57 (Conc Rd 3 to Urban Limit) 309,648
2018 Capital Darlington Blvd (South limit to Hwy2) 66,979
2018 Capital Baseline Rd (Lambs to Bennett) 681,017
2018 Capital Green Rd (Harvey Jones to Ross Wright) 70,890
2018 Capital Lake Rd Extension (Bennett Rd to 310m west) 48,715
2018 Capital King St Cycling Facility 125,000
Page 2 of 4
Page 169
Municipality of Clarington Schedule D
Development Charges Reserve Funds Statement
For the 2020 Year
Committed Amounts From Prior Years' Budgets and Council Approvals
Amount
Year Project Description Committed
2018 Capital Lambs Rd (Baseline to 275m N of Baseline Rd) 51,317
2018 Capital Lambs Rd (Hwy2 to Concession St E) 1,947,882
2018 Capital Sidewalk - RR 34 /Courtice Rd - (Nash Rd to Urban Limit) 16,696
2018 Capital Sidewalk - RR 57 (Conc Rd 3 to Urban Limit) East Side 248,530
2018 Capital Sidewalk - RR 57 Multi-use Trail - Aspen Springs to Hwy2) 15,000
2018 Capital Intersection Improvements - King St @ Scugog St 708
2018 Capital Intersection Improvements - Green Rd @ Boswell 121,096
2018 Capital Various Erosion Protection Works 6,828
2018 Memo Port Darlington subdivision Rd (Port Darlington to east) 140,928
2018 Operating 50% North Newc Drainage Study 11,500
2018 Operating Eng - design 21,141
2019 Capital Street lighting - Baseline Rd & Lambs Rd 58,478
2019 Capital Nash Rd (Future Clarington Blvd) 20,155
2019 Capital Middle Rd reconstruction (Con Rd 3 to urban limit) 186,750
2019 Capital Baseline Rd Reconstruction (Haines to Lambs Rd) 68,980
2019 Capital Baseline Rd Reconstruction (Mearns to Haines) 63,240
2019 Capital Baseline Rd Structure ( W of Green Rd ) 35,000
2019 Capital Hancock Rd Box Culvert (S of Nash rd) 69,444
2019 Capital Scugog St / Middle Rd Reconstruction 61,334
2019 Capital Trulls Rd Reconstruction (S of Yorkville Dr to Bloor St) 18,148
2019 Capital George Reynolds Dr Extension 2,350,000
2019 Capital Concession Rd 3 Reconstruction ( Middle to Gimblett St) 97,767
2019 Capital Lambs Rd Interchange @ Hwy 401 - Environmental Assessment 300,000
2019 Capital Nash Rd Rehabilitation & Bicycle Facilities (Solina Rd to Hancock Rd) 441,772
2019 Capital Queen St Extension (St.George to Frank St) 20,000
2019 Capital Trulls Rd Rural Upgrade (Baseline Rd to Bloor St) 3,668
2019 Capital Prestonvale Rd Reconstruction (Baseline Rd to S of Southfield Ave) 13,304
2019 Capital Lambs Rd Reconstruction (Concession St E to CPR) 17,806
2019 Capital Baseline Rd Reconstruction (Trulls Rd to Courtice Rd) 2,242,806
2019 Capital Various Erosion Protection Works 133,340
2019 Operating Eng - design 72,500
2019 Operating 50 % North Newc Drainage Study 11,500
2020 Capital Streetlighting - Hwy#2 to 150m N of Stevens Rd 80,000
2020 Capital Longworth Oversizing (West Urban Limit to Green Rd) 162,000
2020 Capital Rudell Rd Reconstruction 1,245,000
2020 Capital Lake Rd Extension (Cul-de-sac to Bennett Rd) 641,822
2020 Capital Hanies St (Baseline to Hwy#2) 117,250
2020 Capital Sidewalk - Hwy#2 ( E of Clarington Blvd to RR57) South Side 135,000
2020 Capital Sidewalk - Bloor St (Townline Rd S to 415m Easterly) South Side 30,000
2020 Capital Sidewalk - RR17 (Mill St to CPR) East Side 296,665
Page 3 of 4
Page 170
Municipality of Clarington Schedule D
Development Charges Reserve Funds Statement
For the 2020 Year
Committed Amounts From Prior Years' Budgets and Council Approvals
Amount
Year Project Description Committed
2020 Capital Sidewalk - Trulls Rd (Avondale Rd to Hwy#2) East Side 30,000
2020 Capital Sidewalk - Active Transportation Master Plan 70,000
2020 Capital Sidewalk - RR57 Multi-use Trail - CPR Bridge to Stevens Rd 120,000
2020 Capital Various Erosion Protection Works 133,340
2020 Capital SWM Pond - Technology Park 1,600,000
2020 Operating Eng - design 75,000
CL2016-17 Pavement Rehabilitation -Green Road cycling lanes [DC -project #25] - trsf UECF from Trulls Rd for CL2016-17 12,003
PO#10021 CIMA-Clarington Ponds/Clarnew, Newc & WestSide, Bow [50% Prof fees tax levy] 5,068
PO#8394 Eng - design - CIMA/Longworth Ave W. EA [50% Prof Fees Res] 446
Total Committed:16,274,609$
Total Committments to Development Charges Reserve Funds 22,424,741$
Page 4 of 4
Page 171
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: General Government Committee
Date of Meeting: May 10, 2021 Report Number: FSD-022-21
Submitted By: Trevor Pinn, Director of Financial Services/Treasurer
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: CL2021-7 By-law Number:
Report Subject: Supply and Delivery of One Single Axle and Four Tandem Axle Cab and
Chassis Units
Recommendations:
1. That Report FSD-022-21 be received;
2. That Winslow Gerolamy Motors Limited with a bid amount of $1,322,556.40 (Net
HST Rebate) being the lowest bidder meeting all terms, conditions and
specifications of CL2021-7 be awarded the contract for the Supply and Delivery of
One Single Axle and Four Tandem Axle Cab and Chassis Units;
3. That the total funds required for this project in the amount of $1,337,820.40 (Net
HST Rebate) include $1,322,556.40 (Net HST Rebate) for snow removal equipment
costs and other costs such as radios, GPS units, Clarington decal lettering and
striping in the amount of $15,264.00 (Net HST Rebate) be funded by the Municipality
as follows:
Description Account Number Amount
Fleet Replacement Roads - (2020) 110-36-388-83642-7401 $500,000
Fleet Replacement Roads - (2021) 110-36-388-83642-7401 837,820
4. That all interested parties listed in Report FSD-022-21 and any delegations be
advised of Council’s decision.
Page 172
Municipality of Clarington Page 2
Report FSD-022-21
Report Overview
To request authorization from Council to award CL2021-7 Supply and Delivery of One Single
Axle and Four Tandem Axle Cab and Chassis Units.
1. Background
1.1 Tender specifications for the Supply and Delivery of One Single Axle and Four Tandem
Axle Cab and Chassis Units with Snow Plow, Wing and U Body Dump Spreader was
prepared by the Public Works Department and provided to the Purchasing Services
Division.
1.2 Tender CL2021-7 was issued by the Purchasing Services Division and advertised
electronically on the Municipality’s website. Notification of the availability of the
document was also posted on the Ontario Public Buyer’s Association website.
2. Analysis
2.1 Six plan takers downloaded the tender document.
2.2 The tender closed on March 31, 2021.
2.3 Three bids were received in response to the tender call.
2.4 Of the three companies that downloaded the tender document but chose not to submit
pricing:
One company is a supplier and downloaded the tender document for information;
and
Two companies did not respond to our request for information.
2.5 The bids were reviewed and tabulated by the Purchasing Services Division (see
Attachment 1) and two bids were deemed non-compliant. The results were forwarded to
the Public Works Department for their review and consideration.
2.6 After review and analysis by the Public Works Department and the Purchasing Services
Division, it was mutually agreed that the low, compliant bidder, Winslow Gerolamy
Motors Limited be recommended for award of tender CL2021 -7.
2.7 Winslow Gerolamy Motors Limited has satisfactorily supplied similar equipment to the
Municipality of Clarington in the past and references did not need to be checked.
Page 173
Municipality of Clarington Page 3
Report FSD-022-21
3. Financial
3.1 The total funds required for this project in the amount of $1,337,820.40 (Net HST
Rebate) include $1,322,556.40 (Net HST Rebate) for snow removal equipment costs
and other costs such as radios, GPS units, Clarington decal lettering and striping in the
amount of $15,264.00 (Net HST Rebate) is within the approved budget allocation and
will be funded by the Municipality as follows:
Description Account Number Amount
Fleet Replacement Roads - (2020) 110-36-388-83642-7401 $500,000
Fleet Replacement Roads - (2021) 110-36-388-83642-7401 837,820
3.2 Queries with respect to the department needs should be referred to the Director of
Public Works.
4. Concurrence
This report has been reviewed by the Director of Public Works who concurs with the
recommendations.
5. Conclusion
It is respectfully recommended that Winslow Gerolamy Motors Limited being the lowest
compliant bidder be awarded the contract for the Supply and Delivery of One Single
Axle and Four Tandem Axle Cab and Chassis Units per the terms and conditions of
Tender CL2021-7.
Staff Contact: David Ferguson, Purchasing Manager, (905) 623-3379 x2209 or
dferguson@clarington.net.
Attachments:
Attachment 1 – Summary of Bid Results
Interested Parties:
List of Interested Parties available from Department.
Page 174
Municipality of Clarington Page 4
Report FSD-022-21
Attachment 1 to Report FSD-022-21
Municipality of Clarington
Summary of Bid Results
Tender CL2021-7
Supply and Delivery of One Single Axle and Four Tandem Axle Can and
Chassis Units
Bidder
Potential Five-Year
Total Bid
(Net HST Rebate)
Winslow Gerolamy Motors Limited $1,322,556.40
Premier Truck Group* 1,379,666.15
Tenco Inc.* 1,401,235.20
Notes: Bidders marked with * were deemed non-compliant.
Page 175
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: General Government Committee
Date of Meeting: May 10, 2021 Report Number: FSD-023-21
Submitted By: Trevor Pinn, Director of Financial Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: Resolution#:
Report Subject: 2021 COVID Support for Hall Boards
Recommendations:
1. That Report FSD-023-21 be received;
2. That the Municipality offer an in-take for the Community COVID-19 Support Program
utilizing the guidelines and forms approved in 2020 specifically for hall boards and
arena boards;
3. That the funding for the hall board and arena board in-take be funded from the Tax Rate
Stabilization Reserve Fund (utilizing the Safe Restart Funds) to a maximum of $60,000
with no limit per organization;
4. That the Director of Financial Services, Director of Community Services and the Chief
Administrative Officer be delegated authority to determine and approve the allocation of
funds under the in-take; and
5. That staff report back to Committee in September 2021 on the recipients of the funding.
Page 176
Municipality of Clarington Page 2
Report FSD-023-21
Report Overview
The two stay-at-home orders since December 2020 and the anticipated continued public
health measures are expected to significantly restrict the ability of hall boards and arena
boards from meeting their revenue expectations. At the same time, there are fixed costs
which are required to operate the facilities. Council has requested a grant program for hall
boards to support these organizations, this report outlines the grant program
recommendation.
1. Background
1.1 At its meeting of March 29, 2021, General Government Committee passed resolution
GG-273-21 as follows:
Whereas many hall boards have little to no bookings due to COVID-19 and are
struggling to cover the costs of utilities and PPE; and
Whereas even before COVID-19 many boards struggled to cover their utilities,
maintenance and snow removal costs, significantly deterring volunteerism and
contributing to low morale.
Now therefore be it resolved that Staff report back on eligibility criteria for hall
boards to apply for one-time funding from the Tax Rate Stabilization Reserve
Fund (which would be supported by the Safe Restart funds we got from the
Province) to each hall in addition to the $3,000.00 grant they have already
received for an amount to be determined per hall board on the basis of need to
cover utilities, PPE and other expenses for the 2021 year; and
That Staff report back on long-term funding options for hall boards with respect to
ongoing snow removal, utilities and maintenance where the hall boards may be
struggling financially in order to ensure the long-term viability of the local boards.
1.2 Staff from Financial Services and Community Services met to discuss this request. Staff
agreed that the resolution would require two separate reports. The more immediate
need, the one-time grant for COVID-19 pressures, is the subject of this report. In
addition, the long-term financial funding relationship will be the subject of a separate
report as it requires more research, consideration and planning than the grant portion.
1.3 Staff also discussed including the two arena boards, although not explicitly identified in
the resolution. It was felt that given the arena boards are similar (they provide services
to the community from Municipally-owned facilities) and are also restricted in their ability
to host their usual events, it would be appropriate to extend the grant program to both
hall boards and arena boards.
Page 177
Municipality of Clarington Page 3
Report FSD-023-21
Community Halls and Arena Boards
1.4 Aside from those facilities operated by the Municipa lity, there are 11 community halls
and two arenas in Clarington, owned by the Municipality but operated by a volunteer
board. These facilities are as follows:
Name of Facility Board of Council
Bowmanville Memorial Park Clubhouse No
Bowmanville Older Adult Centre No
Brownsdale Community Centre No
Hampton Community Hall No
Haydon Community Hall No
Kendal Community Centre No
Newcastle Arena Yes
Newcastle Village Community Hall Yes
Newtonville Hall No
Orono Arena No
Orono Town Hall No
Solina Community Hall Yes
Tyrone Community Centre Yes
Page 178
Municipality of Clarington Page 4
Report FSD-023-21
1.5 Any of the organizations mentioned above, which are Boards of Council are
consolidated into the Municipality’s financial statements as they are considered a local
board and under the Municipality's control. Those which are not are not under the
control of Council however, the Municipality owns the building/facility.
1.6 The long-term financial support, relationship and service level agreements between the
Municipality and the hall boards will be the subject of a subsequent report. It requires
significant analysis and the creation of an implementation plan.
1.7 Each of the hall boards and arena boards currently has different agreements and
arrangements with the Municipality as far as service level agreements. As part of the
long-term review, we will provide consistency in the service level agreements with each
organization. These in-kind services could represent a contribution to the organization
that replaces or supplements existing fiscal support depending on the ind ividual
situation.
2. Community COVID-19 Support Program
2020 Intake
2.1 As part of the April 14, 2020, Council meeting, the direction was provided to develop a
grant program for not-for-profit organizations impacted by the COVID-19 pandemic. This
target-specific program provided financial support to our community agencies, not -for-
profits and volunteer organizations affected by the COVID-19 pandemic.
2.2 Community Services staff developed a set of criteria and an application form
(Attachment #1). This application-based program was funded $100,000 from the Tax
Rate Stabilization Reserve Fund (later allocated to the Safe Restart Program). It was
limited to $5,000 per organization to ensure funds had an impact across the
Municipality. The program received 35 applications for a request of $155,510, with 31
organizations receiving funding.
2.3 As part of the 2020 intake, the following hall boards received funding: Brownsdale
Community Centre, Hampton Community Association, Haydon Community Hall,
Newcastle Arena Board, Newcastle Community Hall, Newtonville Community Hall
Board, Solina Community Centre, and Tyrone Community Centre
Page 179
Municipality of Clarington Page 5
Report FSD-023-21
Criteria
2.4 The criteria already established by Council in 2020 for the Community COVID -19
Support Program continue to be a valid criterion for short-term support during the 2021
fiscal year as we continue to adapt to the pandemic’s day-to-day impacts. However, this
program would not be recommended for long-term financial support for the hall boards
as those requirements go beyond COVID-19 response and include repairs and
maintenance/capital considerations.
2.5 Staff recommend that the $5,000 limit be removed for hall boards and arena boards as
they are in substance extensions of the Municipality services. As well, the nature of
these organizations is different than other not-for-profits as the service that they provide
is primarily facility rental/ event planning which is not able to pivot delivery to online like
other not-for-profits.
2021 Hall Board and Arena Board Intake
2.6 Hall boards and arena boards within the Municipality operate on a volunteer basis with
minimal financial resources. The 2021 budget requests from the organizations were
made in November 2020; since that time the Province has had two stay-at-home orders,
which has all but eliminated these boards' ability to rent facilities and host events. This
level of restriction was not likely foreseen during their budget deliberations for 2021.
2.7 While some level of decrease in revenues should have been anticipated, the Newcastle
Community Hall requested additional funds in 2021, anticipating reduced rental ability;
five months of lock-down was not likely expected. We have heard from hall boards and
arena boards that additional financial assistance will likely be required for 2021.
2.8 Given the success of the Community COVID-19 Support Program, staff are
recommending a specific intake in 2021 for hall boards and arena boards. Funding for
this program would be from the Tax Rate Stabilization Reserve Fund, where the Safe
Restart Funds received from the Province of Ontario have been deposited. Safe Restart
Funds must be used for operating expenses and revenue pressures related to C OVID-
19; this grant program would be an eligible use, in my opinion.
2.9 The Community Development Division of Community Services will facilitate the grant
intake, including the communication with the hall boards and arena boards. An intake
with a due date of June 30 will provide the boards ample time to determine their needs.
It would be expected that funds could flow to the recipients by the end of July.
Page 180
Municipality of Clarington Page 6
Report FSD-023-21
3. Concurrence
This report has been reviewed by the Director of Community Services , who concurs
with the recommendation.
4. Conclusion
It is respectfully recommended that Council approve the hall board and arena board-
specific intake for the Community COVID-19 Support Program with funding in aggregate
of $65,000 from the Tax Rate Stabilization Reserve Fund.
Staff Contact: Trevor Pinn, Director of Financial Services/Treasurer, 905-623-3379 ext. 2602,
tpinn@clarington.net
Attachments:
Attachment 1 – Community COVID-19 Support Program Criteria and Application Form
Interested Parties:
List of Interested Parties available from the Community Services Department.
Page 181
Purpose:
This program will provide funding to non-profit organizations to provide community
support programs, including those agencies supporting small businesses, to those in
need as a result of the COVID-19 pandemic.
This target-specific program has been created to provide financial support to our
community agencies, nonprofits and volunteer organizations that will / have been
impacted by the COVID-19 pandemic. To be eligible, applicants must be:
•Registered (Federal or Provincial) Not-for-Profit, local Board of the
Municipality or local volunteer community group that delivers programs or
services to the residents of Clarington or a group of two (2) or more
Clarington residents who share a common purpose in providing a service to
the community with no personal or professional gain (individuals or groups
must partner with a registered not-for-profit or established volunteer group to
be eligible). Agencies supporting small businesses are eligible to apply for
Innovation Relief only.
•Organizations must be non-profit, non-political and non-religious in nature.
Religious organizations will be eligible if the funding request is for a program
or service that benefits the broader community and does not involve religious
teachings and/or is not generating revenue for the organization.
•Demonstrate their programs, services or clients have been impacted due to
COVID-19:
o Enhancement / addition of programs or services to support the
community for COVID-19 related needs
o Closure of facility or programs which resulted in a loss of revenue
o Closure of facility or programs which resulted in the requirement to
provide services to clients using other means (i.e. technology,
equipment, supplies)
o Cancellation of fundraising events due to COVID-19 social
gathering restrictions or facility closures which results in loss of
revenue
o Any other direct impact as a result of COVID-19 as demonstrated
by the applicant
Forms of relief (up to $5,000)
•Financial relief – due to loss of revenue from service or fundraising event
cancellation (proof of cancellation and projected revenue loss is required).
•Innovation relief - allow non-profits to pivot and offer services in a different way
(i.e. access to technology, equipment, supplies, agencies supporting small
businesses with new programs or services)
Page 225
Attachment 1 to FSD-023-21
Page 182
• Service relief – for organizations that assist individuals and families address the
social well-being of those most affected by COVID-19. Examples include:
o at home help for seniors
o crisis and helplines
o food security issues
o emotional and mental health counselling
o any other identified community issues
Page 226Page 183
1
Municipality of Clarington COVID-19 Relief Program for Not-For-Profits
Applicant Information
Name of Lead Organization(s): Click or tap here to enter text.
Description of the Organization: Click or tap here to enter text.
Complete Address: Click or tap here to enter text.
Contact Name: Click or tap here to enter text.
Email: Click or tap here to enter text. Phone: Click or tap here to enter text.
Type of Organization (please select one):
☐ Incorporated not-for-profit or charity ☐ Religious or faith-based
☐ First Nation ☐ Other (please specify):Click or tap here to enter text.
Is this a collaboration between multiple groups or organizations?
☐ Yes ☐ No
If yes, please list the individuals / organizations involved: Click or tap here to enter text.
Project and Budget Information
1. Total amount of funding requested: Click or tap here to enter text.
*up to $5,000.00
2. What geographic location(s) will be served through this funding? Please check all that apply
☐ Clarington wide ☐ Bowmanville ☐ Courtice
☐ Newcastle ☐ Orono ☐ Rural Clarington
3. Which vulnerable group(s) will this funding support? Please check all that apply
☐ Seniors ☐ Individuals experiencing mental health
challenges
☐ Caregivers ☐ Individuals or families experiencing
violence
☐
Individuals or families with low or limited
income
☐ Individuals or families with limited
access to support (remote)
☐ Families with young children ☐ Individuals with disabilities, or chronic
or underlying medical conditions
☐ Other (please specify) Click or tap here to enter text.
Page 227Page 184
2
Municipality of Clarington COVID-19 Relief Program for Not-For-Profits
4. How many individuals do you expect to serve through this funding? Click or tap here to enter text.
5. Please fill in the chart with required details below:
Category of Funding Requested Details (project costs, social need addressed,
details of expenditure, memberships, staff
hours, etc.)
Amount
Requested
☐ New Program/Initiative
☐ Lost Revenue
☐ Other Click or tap here to enter
text.
Does your organization have in less than of 2 years of operating budget in unreserved cash?
☐ Yes ☐ No
Loss of revenue: please identify the program or fundraiser that has been cancelled due to COVID-19
Fundraiser/Program: Click or tap here to enter text. Estimated Revenue: Click or tap here to enter text.
Declaration
I, Click or tap here to enter text. (name in full) of the Municipality of Clarington, in the Province of Ontario, am the Click
or tap here to enter text. (position) of Click or tap here to enter text. (name of organization applying), and certify that
the information contained in this application is true, accurate, and complete and that I am representative with
designated signing authority/decision-making authority in the organization stated in this declaration.
Contact Information
Primary Contact Name: Click or tap here to enter text. Secondary Contact Name: Click or tap here to enter text.
Primary Contact Phone: Click or tap here to enter text. Secondary Contact Phone: Click or tap here to enter text.
Primary Contact Email: Click or tap here to enter text. Secondary Contact Email: Click or tap here to enter text.
Page 228Page 185
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: General Government Committee
Date of Meeting: May 10, 2021 Report Number: FSD-024-21
Submitted By: Trevor Pinn, Director of Financial Services/Treasurer
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: RFP2021-1 By-law Number:
Report Subject: Lambs Road Interchange Study
Recommendations:
1. That Report FSD-024-21 be received;
2. That the proposal received from CIMA+ having the lowest price meeting all terms,
conditions and specifications of RFP2021-1 be awarded the contract for the
provision of engineering services required for the Lambs Road Interchange Study;
3. That the funds required in the amount of $226,255.22 (net HST rebate) be drawn
from the following accounts:
Lambs Rd Interchange at Highway
401 Environmental Assessment 110-32-330-83444-7401 $226,255
4. That all interested parties listed in Report FSD-024-21 and any delegations be
advised of Council’s decision.
Page 186
Municipality of Clarington Page 2
Report FSD-024-21
Report Overview
To request authorization from Council to award Request for Proposal RFP2021 -1 for the
Lambs Road Interchange Study in order to assess the technical feasibility and implications
of introducing a new interchange on Highway 401 at Lambs Road in Bowmanville .
1. Background
1.1 The Municipality requires the service of a qualified engineering consultant to undertake
the Lambs Road Interchange Study. The Study will examine need and justification as
well assess technical feasibility and implications of introducing a new interchange on
Highway 401 at Lambs Road in Bowmanville. The Municipality is undertaking the Study
in cooperation with the Regional Municipality of Durham and the Ministry of
Transportation.
1.2 A Request for Proposal (RFP) was drafted to allow for the Municipality to select a
qualified consultant with the skills, resources and experience necessary to complete the
study for the Lambs Road Interchange.
1.3 RFP2021-1 was issued by the Purchasing Services Division and advertised
electronically on the Municipality of Clarington’s website. Notification of the availability
of the document was also posted on the Ontario Public Buyer’s Association website.
The RFP was structured on the price – based two envelope RFP system. Eleven
companies downloaded the document.
1.4 The RFP closed on April 14, 2021.
2. Analysis
2.1 The RFP stipulated among other things, that bidders were to provide a description of
Firm/Consulting team, key qualifications, firm profile, highlight of past service and
experience of team members with projects of similar size, nature and complexity and a
demonstrated understanding of the Municipality’s requirements.
2.2 One submission was received (refer to Attachment 1) by the closing date and time. The
submission met the pre-determined mandatory requirements and moved forward to the
first phase of evaluation.
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Municipality of Clarington Page 3
Report FSD-024-21
2.3 Each submission consisted of a comprehensive proposal identifying:
2.4 The submission was reviewed and scored in accordance with the established criteria
outlined in the RFP by an evaluation team consisting of staff from the Public Works
Department and the Purchasing Services Division. Some of the areas on which
submissions were evaluated were as follows:
2.5 Upon completion of the evaluation, the evaluation committee concluded that the
submission received from CIMA+ met the pre-established threshold of 85% for Phase 1
and moved on to the second phase.
2.6 It was deemed by the evaluation committee that a presentation from the Proponent was
not required, and their pricing envelope was opened and evaluated.
2.7 After further review it was mutually agreed by the evaluation committee that CIMA+ be
recommended for the award of RFP2021-1. CIMA+ has successfully completed work for
the Municipality in the past and therefore references were not contacted.
3. Financial
3.1 The funds required in the amount of $226,255.22 (net HST rebate) will be drawn from
the following accounts:
Lambs Rd Interchange at Highway 401
Environmental Assessment
110-32-330-83444-7401 $226,255
Page 188
Municipality of Clarington Page 4
Report FSD-024-21
4. Concurrence
This report has been reviewed by the Director of Public Works Department who concurs
with the recommendations.
5. Conclusion
It is respectfully recommended that CIMA+ having the lowest price and meeting all
terms, conditions and specifications of RFP2021-1 be awarded the contract for the
provision of Engineering Services as required to complete the Lambs Roads
Interchange Study.
Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 Ext. 2209 or
dferguson@clarington.net.
Attachments:
Attachment 1 – List of Submissions Received
Interested Parties:
List of Interested Parties are as follows:
Lewis Lee (MTO) Lewis.Lee@ontario.ca
Salia Kalali (MTO) Salia.Kalali@ontario.ca
Chris Leitch Chris.Leitch@Durham.ca
Doug Robertson Doug.Robertson@Durham.ca
Joshua de Boer Joshua.deBoer@durham.ca
Greg Pereira Greg.Pereira@durham.ca
.
Page 189
Municipality of Clarington Page 5
Report FSD-024-21
Attachment 1 to Report FSD-024-21– List of Submissions Received
Municipality of Clarington
RFP2021-1
Lambs Road Interchange Study
Bidder
CIMA+
Page 190
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: General Government Committee
Date of Meeting: May 10, 2021 Report Number: FSD-025-21
Submitted By: Trevor Pinn, Director of Financial Services/Treasurer
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: CL2021-11 By-law Number:
Report Subject: Nash Road Widening and Rehabilitation
Recommendations:
1. That Report FSD-025-21 be received;
2. That Coco Paving Inc. with a total bid amount of $522,002.14 (Net HST Rebate)
being the lowest compliant bidder meeting all terms, conditions and specifications of
Tender CL2021-11 be awarded the contract for the work required to complete the
Nash Road Widening and Rehabilitation;
3. That the total funds required for this project in the amount of $622,100.00 (Net HST
rebate), which includes the construction cost of $522,002.14 (Net HST rebate) and
other costs such as design, material testing, utility daylighting, inspection and
contract administration, permit fees and contingencies in the amount of $100,097.86
(Net HST rebate) is within the approved project budget and will be funded by as
follows:
Description Account Number Amount
Nash Road Rehabilitation and
Widening 110-32-330-83458-7401- $450,000
Pavement Rehabilitation
Program (2021 Budget) 110-36-330-83212-7401- 172,100
4. That all interested parties listed in Report FSD-025-21 and any delegations be
advised of Council’s decision.
Page 191
Municipality of Clarington Page 2
Report FSD-025-21
Report Overview
To request authorization from Council to award the contract for the completion of road
widening and rehabilitation work required for Nash Road as detailed in Tender CL2021-11
1. Background
1.1 The Municipality requires the services of a qualified company to complete the
rehabilitation and widening of approximately 640m of Nash Road between Hancock
Road and Solina Road in Courtice. The widening is being conducted on each side of
the Highway 418 right-of-way which bisects the road corridor. Road reconstruction
works on Nash Road that were undertaken as part of the Highway 418 construction by
the Ministry of Transportation have been constructed to the ultimate width. This project
aims to complete the remainder of the widening between Hancock Road and Solina
Road. W ork is to be completed in accordance with the terms, conditions and
specifications as outlined in the tender document. The project scope includes:
Widening of Nash Road from Hancock Road to the Highway 418 corridor
including road/shoulder widening, driveway culvert and apron replacement,
ditching. The existing asphalt along this segment has recently been paved;
Widening and rehabilitation of Nash Road from the Highway 418 corridor to
Solina Road including road/shoulder widening, driveway culvert and apron
replacement, ditching, guide rail installation;
Associated restoration, plantings and erosion protection.
1.2 Design and tender specifications for the road widening and rehabilitation work required
were prepared and provided by the Public Works Department.
1.3 Tender CL2021-11 was prepared and issued by the Purchasing Services Division . The
tender was posted electronically on the Municipality’s website. Notification of the
availability of the document was also posted on the Ontario Public Buyers Association’s
website.
1.4 The tender closed on April 28, 2021.
2. Analysis
2.1 Twenty-eight companies downloaded the tender document. Six submissions were
received by the stipulated closing time.
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Municipality of Clarington Page 3
Report FSD-025-21
2.2 The Municipality contacted the twenty-two companies who had downloaded the tender
document but chose not to respond, to inquire as to why they chose not to submit a bid.
Their responses are as follows:
Two companies advised that after reviewing the document they could not take on
the project due to their current workload;
One company advised that they missed the submission deadline due to a sub-trade
not providing pricing in a timely manner;
Five companies advised that they downloaded the document with the int erest of
being a sub-contractor for the project; and
Fourteen companies contacted did not respond to the Municipality’s request for
information.
2.3 The six bids received prior to the closing were reviewed and tabulated by the
Purchasing Services Division (see Attachment 1). All six submissions were deemed
compliant.
2.4 The bid results were forwarded to the Public Works Department for their review and
consideration.
2.5 After review, analysis, and discussions it was mutually agreed by the Public Works
Department and the Purchasing Services Division that the low bidder, Coco Paving Inc.,
be recommended for the award of Tender CL2021-11.
2.6 Coco Paving Inc. has successfully completed work for the Municipality in the past and
therefore references were not contacted.
3. Financial
3.1 Total funds required for this project in the amount of $622,100.00 (Net HST rebate),
which includes the construction cost of $522,002.14 (Net HST rebate) and secondary
costs such as design, material testing, utility daylighting, inspection and contract
administration, permit fees and contingencies in the amount of $100,097.86 (Net HST
rebate) is within the approved project budget and will be funded by as follows:
Description Account Number Amount
Nash Road Rehabilitation and
Widening
110-32-330-83458-7401 $450,000
Pavement Rehabilitation Program
(2021 Budget)
110-36-330-83212-7401 172,100
Page 193
Municipality of Clarington Page 4
Report FSD-025-21
4. Concurrence
This report has been reviewed by the Director of Public Works who concurs with the
recommendations.
5. Conclusion
It is respectfully recommended that Coco Paving Inc. being the lowest compliant bid and
subject to a satisfactory reference check be awarded the contract for the construction of
the Nash Road Widening and Rehabilitation in accordance with all the terms,
conditions, specifications, and drawings of Tender CL2021 -11.
Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 Ext. 2209 or
dferguson@clarington.net.
Attachments:
Attachment 1 – Bid Summary
Interested Parties:
List of Interested Parties available from Department.
Page 194
Municipality of Clarington Page 5
Report FSD-025-21
Attachment 1 – Bid Summary
Municipality of Clarington
Bid Summary
CL2021-11 Nash Road Widening and Rehabilitation
BIDDER Total Bid
(including HST)
TOTAL BID
(Net HST Rebate)
Coco Paving Inc. $579,660.39 $522,002.14
Dufferin Construction Company 676,076.74 608,828.04
Elirpa Construction & Materials Limited 723,487.91 651,523.27
Blackstone Paving and Construction Ltd. 737,016.06 663,705.79
DigCon International Limited 738,220.53 664,790.45
Ashland Construction Group Ltd. 839,571.12 756,059.80
Page 195
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: General Government Committee
Date of Meeting: May 10, 2021 Report Number: FSD-027-21
Submitted By: Trevor Pinn, Director of Financial Services/Treasurer
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: CL2021-10 By-law Number:
Report Subject: Scanning and Conversion Services
Recommendations:
1. That Report FSD-027-21 be received;
2. That DOCUdavit Solutions with a total bid amount for the initial two-year term of
$176,470.16 (Net HST Rebate), and a potential five-year contract value of
$441,175.40 (Net HST Rebate), subject to change based on requirements and price
increases not exceeding the applicable CPI, being the lowest compliant bidder
meeting all terms, conditions and specifications of tender CL2021-10 be awarded
the contract for the provision of scanning and conversion services as required by the
Municipality;
3. That the funds expended for these services, be funded from respective department’s
approved operating budget as required;
4. That pending satisfactory service the Purchasing Manager, after consultation with
the respective Department Head, be authorized to extend the contract for up to three
additional one-year terms; and
5. That all interested parties listed in Report FSD-027-21 and any delegations be
advised of Council’s decision.
Page 196
Municipality of Clarington Page 2
Report FSD-027-21
Report Overview
To request authorization from Council to award the contract for scanning and conversion
services as required and as detailed in Tender CL2021-10 for the various municipal
departments.
1. Background
1.1 Scanning and conversion services are currently used by the Legislative Services
Department as well as the Planning & Development Services Department. Existing
paper records are scanned and converted to a digital file for file retention. Digital files
are preferable as they take up less physical space and take less time to search for
relevant information than paper files kept in boxes.
1.2 While the Municipality has utilized internal resources in the past to scan and convert
documents, the current volume of records is outside of the Municipality’s current human
resources capacity to maintain. Currently, there are over 3,600 boxes and rolled
drawings in the Municipal Administration Centre with more records created every day.
1.3 Funding for these works is primarily related to activities in the Building Inspection
Division of Planning and Development Services and are therefore funded by building
permit and other user fees. The Building Inspection Division has been scanning current
and historical permit documents to allow for quick and easy access by staff during the
construction process and answering property inquires. Having the digital copies also
allows for the electronic transfer of the documents to property owners looking for copies
of their building plans thereby eliminating their cost to print the documents. The ability
to send the documents electronically to MPAC allows for the new buildings to be added
to the Municipality’s tax roll sooner.
1.4 The Clerk’s Division will aim to scan and digitize approximately 60 boxes of past
agreements as well as 30 to 40 bound books of past year’s meeting minutes. Scanning
of corporate documents, not funded by building permit revenue, are funded through the
Clerk’s Division annual budget which is tax supported. With the increased importance of
“open data”, the ability to have documents digitized and accessible to the public is
necessary for transparency and accountability.
1.5 The Municipality required a company with the capacity to scan hard copy paper
documents, index the files and return the files to the Municipality in a digital format that
would allow for the migration of the indexed images into the Municipality’s electronic
document management system. This would facilitate the creation of a controlled
document repository that allows for an effective management of municipal records.
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Municipality of Clarington Page 3
Report FSD-027-21
1.6 After consultation with the Legislative Services Department and the Planning and
Development Services Department, Tender CL2021-10 was prepared and issued by the
Purchasing Services Division and advertised electronically on the Municipality’s website.
Notification of the availability of the document was also posted on the Ontario Public
Buyers Association’s website. Fourteen companies downloaded the tender document.
1.7 The tender closed April 14, 2021.
2. Analysis
2.1 Three bids were received in response to the tender call.
2.2 Of the 11 companies who downloaded the tender documents but chose not to submit
pricing:
i) One company advised that they were not able to provide the services required;
and
ii) Ten companies did not respond to our request for information.
2.3 The submissions were reviewed and tabulated by the Purchasing Services Division (see
Attachment 1).
2.4 The results were forwarded to the Legislative Services Department and the Planning
and Development Services Department for their review and consideration.
2.5 After review and analysis by the departments it was mutually agreed that the low bidder
DOCUdavit Solutions be recommended for the award of tender CL2021-10.
2.6 DOCUdavit Solutions has not worked for the Municipality in the past. Reference checks
were completed by the Purchasing Services Division and the contacted references
advised that they were satisfied with work performed by DOCUdavit Solutions Inc.
3. Financial
3.1 As the Municipality’s annual budget for scanning and conversion services varies,
quantities provided to the bidders were estimates only and bidders were advised as part
of the tender document that the volumes noted were not guaranteed. The contract
value may increase or decrease annually and will be adjusted to reflect the approved
annual budget.
3.2 The estimated annual cost is approximately $88,250 (Net HST Rebate). The initial
contract term is for two years. The estimated value of the contract for the initial two -year
term is approximately $176,500 (Net HST Rebate). Payment for these services is based
on the size and number of documents processed and delivered on a per unit basis.
Invoices will reflect only work performed and only work that falls within the annual
approved budget will be completed.
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Municipality of Clarington Page 4
Report FSD-027-21
3.3 Pricing received is firm for the initial contract term of two years.
3.4 The Municipality has the option to extend the contract for up to three additional one -year
terms pending satisfactory service. The Tender document stipulates that if the
Municipality elects to exercise the option to renew the contract for the additional optional
one-year terms, then pricing shall be adjusted only on the anniversary date of the
Contract award. Proposed price increases should not exceed the annual percentage
change in the most recent issuance of the Consumer Price Index (CPI) All items –
Ontario, as issued by the Statistics Canada at the time the contract expires and will
remain firm for the rest of that Contract year.
3.5 The expended funds will be drawn from the respective department’s approved operating
budget.
3.6 Queries with respect to the department needs should be referred to the respective
Department Head.
4. Concurrence
This report has been reviewed by the Director of Legislative Services and the Director of
Planning and Development Services who concur with the recommendations contained
within this report.
5. Conclusion
It is respectfully recommended that DOCUdavit Solutions with a total bid amount for the
initial two-year term of $176,470.16 (Net HST Rebate) being the lowest compliant
bidder be awarded the contract for the Scanning and Conversion Services requirements
as per Tender CL2021-10.
Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 Ext. 2209 or
dferguson@clarington.net.
Attachments:
Attachment 1 – Bid Summary
Interested Parties:
List of Interested Parties available from Department.
Page 199
Municipality of Clarington Page 5
Report FSD-027-21
Attachment 1 to Report FSD-027-21
Municipality of Clarington
Bid Summary
CL2021-10 Scanning and Conversion Services
Bidder
Total Bid -2 Years
(Including HST)
Total Bid- 2 Years
(Net HST Rebate)
DOCUdavit Solutions Inc. $195,962.34 $176,470.16
Microimage Technologies Ltd. 316,533.06 285,047.82
Polar Imaging Inc. 733,833.30 660,839.62
Page 200
Staff Report
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Coordinator at 905-623-3379 ext. 2131.
Report To: General Government Committee
Date of Meeting: May 10, 2021 Report Number: LGS-018-21
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: L1000-47 Resolution#: GG-286-21
Report Subject: On-Farm Special Events Licensing By-law
Recommendation:
1. That Report LGS-018-21 be received for information.
Page 201
Municipality of Clarington Page 2
Report LGS-018-21
Report Overview
This Report provides details of the amendments to the draft On-Farm Special Event
Licensing By-law following the direction received from Council.
1. Background
1.1 Staff recommendations with respect to an On-Farm Special Event Licensing By-law are
contained in Reports LGS-012-21 and LGS-016-21.
1.2 At the Council meeting of March 22, 2021, Council passed Resolution #C-111-21 to
proceed with a licensing regime for on-farm special events.
1.3 At the General Government Committee meeting of April 19, 2021, a draft On -Farm
Event Licensing By-law was presented for consideration, and Resolution #GG-286-21
was passed as follows:
That Report LGS-016-21 be received;
That the proposed By-law be amended by removing Sections 2.6, 2.7, 2.8, and 2.9;
That the issues be dealt with through the individual zoning application; and
That the fee be amended to $250 per year.
1.4 Our insurance and risk management advisors have made the additional
recommendation to raise the minimum amount of commercial general liability insurance
from $2 million to $5 million.
1.5 The updated draft by-law is included as Attachment 1 of this Report.
2. Commentary
2.1 With the removal of the Sections listed by Council, most of the substantive elements of
the by-law are deleted. All by-law provisions to regulate hours of operation, frequency of
events, and maximum attendance have been eliminated. As directed by Council, these
considerations will be dealt with through the individual re-zoning applications.
2.2 With the amendments directed by Council, properties that are already approved through
a zoning by-law amendment to permit on-farm special events would not be subject to
any additional regulation with respect to hours of operation, frequency of events, or
maximum attendance, but would continue to be regulated in accordance with the
requirements of their zoning and site plan approvals.
Page 202
Municipality of Clarington Page 3
Report LGS-018-21
3. Concurrence
Not Applicable.
Staff Contact: Rob Maciver, Director of Legislative Services, 905-623-3379 ext. 2013 or
rmaciver@clarington.net.
Attachments:
Attachment 1 – Draft On-Farm Special Event Licensing By-law
Interested Parties:
List of Interested Parties available from the Legislative Services Department.
Page 203
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2021-XXX
Being a by-law to license On-Farm Special Events
WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the
Municipality to pass by-laws respecting the health, safety and well-being of persons;
WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by-law respecting a
matter may (a) regulate or prohibit the matter; (b) require persons to do things respecting
the matter; and (c) provide for a system of licences respecting the matter;
WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may
provide for a system of licences with respect to any business wholly or partly carried on
within the municipality, including the sale or hire of goods or services on an intermittent or
or one-time basis; and
AND WHEREAS subsection 128(1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides
that a local municipality may prohibit and regulate with respect to public nuisances,
including matters that, in the opinion of council, are or could become or cause public
nuisances;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this By-law,
“Applicant” means a person seeking a licence pursuant to this By-law;
“Director” means the Municipality’s Director of Legislative Services or a designate;
“Enforcement Officer” means a Municipal Law Enforcement Officer whose duties
include the enforcement of this By-law;
“Licence” means a licence issued pursuant to this By-law;
“Licensee” means a person to whom a Licence has been issued in accordance
with this By-law;
“Municipality” means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires; DRAFTPage 204
2
“On-Farm Special Event” means an event or activity that is not permitted as-of-
right as an on-farm diversified use, on lands specifically zoned to permit special
events as a use that is secondary to the agricultural farming operations;
“Owner” means the registered or beneficial owner of farm property;
“Person” means an individual or a corporation, and “Persons” has a
corresponding meaning; and
“Zoning By-law” means a by-law passed by the Municipality pursuant to section
34 of the Planning Act, R.S.O. 1990, c. P.13 and includes Zoning By-law 84-63
and Oak Ridges Moraine Zoning By-law 2005-109, or their successors.
References
1.2 In this By-law, reference to any Act or by-law is reference to that Act or by-law as
it is amended or re-enacted from time to time.
1.3 Unless otherwise specified, references in this By-law to Parts and sections are
references to Parts and sections in this By-law.
Word Usage
1.4 This By-law shall be read with all changes in gender or number as the context
requires.
1.5 In this By-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Application
1.6 This By-law applies to all On-Farm Special Events in the Municipality unless
otherwise specified.
PART 2 – PROHIBITIONS
Operation
2.1 No person shall conduct an On-Farm Special Event without a Licence.
2.2 The Owner or designate must be on scene during the On-Farm Special Event.
2.3 No Person shall contravene any condition of site plan approval, or any provision
within a site plan agreement made pursuant to section 41 of the Planning Act,
R.S.O. 1990, c. P.13, that is applicable to land that is subject to this By-law.
2.4 No Owner shall permit any activity on their property within the Municipality that is
prohibited by this By-law. DRAFTPage 205
3
2.5 Nothing in this By-law exempts an Owner of a farm property from any requirement
in any Zoning By-law, or in any way changes the land uses permitted for a farm
property pursuant to any Zoning By-law.
Attendance
2.6 No person conducting an On-Farm Special Event shall permit more than the
maximum number of attendees as stated in the On-Farm Special Event Licence to
attend the event, including persons participating in or working at the event.
PART 3 – LICENSING
Applications
3.1 Every application for a Licence shall be completed and submitted on forms
prescribed by the Director.
3.2 Every application for a Licence shall include,
(a)an annual licensing fee of $250.00;
(b)the address of the property proposed to be used for On-Farm Special
Events;
(c)written proof, satisfactory to the Director, that the Applicant is the Owner;
(d)proof of a valid Ontario farm business registration number for the property,
or proof of exemption from the registration requirements;
(e)confirmation of a Municipally approved site plan; and
(f)proof of commercial general liability insurance acceptable to the Director of
Financial Services and subject to limits of not less than five million dollars
inclusive per occurrence for bodily injury, death and damage to property
including loss of use thereof.
3.3 Every Licence shall be posted in a conspicuous location on the premises of the
On-Farm Special Event.
3.4 A Licensee shall comply with all conditions of a Licence.
Review
3.5 The Director is authorized to receive and consider all applications.
3.6 The Director is authorized to issue or refuse to issue any Licence, either with or
without conditions. DRAFTPage 206
4
3.7 As a condition of a Licence, the Director may require that a Licensee enter into an
agreement to limit or mitigate the impacts to the occupants of neighbouring
properties.
3.8 In addition to any other condition or requirement of this By-law, every Licence
issued shall be subject to the condition that compliance with all applicable Federal,
Provincial and Municipal laws, by-laws, rules, regulations, orders, approvals,
permits, standards, and all other governmental requirements is required.
Refusal
3.9 The Director shall refuse to issue or renew a Licence if,
(a)the Applicant is not the Owner of the subject property;
(b)the Applicant is not at least 18 years of age;
(c)the application is incomplete;
(d)the prescribed Licence fee has not been paid;
(e)the Applicant submits false, mistaken, incorrect or misleading information in
support of the application;
(f)an Enforcement Officer, by way of inspection, has determined that the
property is not in compliance with the approved Site Plan Agreement; or
(g)There is reason to believe that the carrying on of the On-Farm Special
Event(s) at the property would contravene any applicable condition, rule, or
law.
General
3.10 Licences are not transferrable.
3.11 The issuance of a License does not represent a commitment by the Municipality
or the Director to issue a Licence in a subsequent year.
Term
3.12 Licences are valid from the date of issuance and expire on November 1 in the
calendar year in which they are issued, unless revoked or suspended at an earlier
date. DRAFTPage 207
5
PART 4 – MANAGEMENT AND RECORDS
4.1 Every Licensee shall retain records of all On-Farm Special Event activity during the
period of the License, for the period of six months following the end of the term of
the Licence.
PART 5 – ENFORCEMENT
5.1 Where any Person contravenes any provision of this By-law, an Enforcement
Officer may direct such Person to comply with this By-law. Every Person so
directed shall comply with such direction without delay.
Powers of Entry
5.2 An Enforcement Officer, whether alone or accompanied by an individual
possessing special or expert knowledge or skills, may enter on land at any
reasonable time for the purpose of carrying out an inspection to determine
whether or not the following are being complied with:
(a) this By-law;
(b) a direction or order of the Municipality made under the Municipal Act, 2001,
S.O. 2001, c. 25 or this By-law; or
(c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c.
25.
5.3 For the purposes of an inspection under this By-law, an Enforcement Officer
may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection.
5.4 In addition to any other provision of this By-law, and subject to the provisions of
the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the
peace may issue an order authorizing the Municipality to enter on land, including DRAFTPage 208
6
a room or place actually being used as a dwelling, for the purpose of carrying out
an inspection to determine whether or not the following are being complied with:
(a) this By-law;
(b) a direction or order of the Municipality made under the Municipal Act, 2001,
S.O. 2001, c. 25 or this By-law; or
(c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c.
25.
Obstruction
5.5 No Person shall hinder or obstruct, or attempt to hinder or obstruct, an
Enforcement Officer from lawfully carrying out a power, duty or direction under
this By-law.
Suspension of Licence
5.6 The Director may suspend a Licence if the Licensee fails to comply with any
provision of this By-law and such non-compliance is not remedied within 7 days,
or other time period as deemed appropriate by the Director, following notice from
the Municipality specifying the particulars of the non-compliance.
Revocation of Licence
5.7 The Director may revoke a Licence if,
(a) it was issued in error;
(b) it was suspended in accordance with the provisions of this By-law and no
satisfactory evidence of compliance has been filed with the Municipality
within 60 days from the date of suspension;
(c) it was issued as a result of false, mistaken, incorrect, or misleading
statements, information or undertakings contained in the application or any
supporting materials;
(d) the Licensee is not in compliance with any Licence condition; or
(e) upon the request of the Licensee.
5.8 The Director shall immediately inform the Licensee of a revocation and the
reasons for it by means of contacting the Licensee at the address provided in the
application. The Director shall also notify all affected agencies.
DRAFTPage 209
7
Offences and Penalties
5.9 Every Person, other than a corporation who contravenes any provision of this By-
law, is guilty of an offence and on conviction is liable, for every occurrence, day
or part thereof upon which such offence occurs or continues, to a fine of not more
than $10,000 for a first offence; and not more than $25,000 for any subsequent
conviction.
5.10 Every corporation which contravenes any provision of this By-law, is guilty of an
offence and on conviction is liable, for every occurrence, day or part thereof upon
which such offence occurs or continues, to a fine of not more than $50,000 for a
first offence, and not more than $100,000 for any subsequent conviction.
5.11 Without limiting any other section of this By-law, every Person who contravenes
any provision of this By-law is guilty of an offence and on conviction is liable to a
fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33.
5.12 If any Person is in contravention of any provision of this By-law, and the
contravention has not been corrected, the contravention of the provision shall be
deemed to be a continuing offence for each day or part of a day that the
contravention remains uncorrected.
5.13 Where any Person contravenes any provision of this By-law, such Person shall
be responsible for all costs incurred by the Municipality directly related to the
contravention.
PART 6- GENERAL
Severability
6.1 Each section of this By-law is an independent section, and the holding of any
section or part of any section of this By-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other sections of this By-
law.
Conflict
6.2 In the event of a conflict of a conflict between any provision of this By-law and
any applicable Act or regulation, the provision that is the most restrictive prevails.
Schedules
6.3 The following Schedules are attached to and form an integral part of this by-law:
Schedule “A” – Set Fines
DRAFTPage 210
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Short Title
6.4 The short title of this By-law shall be the “On-Farm Special Event Licensing By-
law”.
Effective Date
6.5 This By-law shall be effective on the date that it is passed.
By-law passed this XX day of XX, 2021
_____________________________
Adrian Foster, Mayor
_____________________________
June Gallagher, Municipal Clerk DRAFTPage 211
Schedule “A”
MUNICIPALITY OF CLARINGTON
PART I Provincial Offences Act
By-law #2021-XXX: On-Farm Special Event Licensing By-law
ITEM COLUMN 1
Short Form Wording
COLUMN 2
Provision creating
or defining offence
COLUMN 3
Set Fine
1 Conduct an On-Farm Special Event
without a valid Licence
s. 2.1 $500.00
2 Contravene a condition of site plan
approval
s. 2.3 $300.00
3 Failure to display License in a
conspicuous location
s.3.3 $50.00
4 Failure to comply with conditions of a
Licence
s.3.4 $300.00
“NOTE: The penalty provision for the offences indicated above is section 5.11 of by-law
no. 2021-XXX, a certified copy of which has been filed”. DRAFTPage 212