HomeMy WebLinkAboutCD-17-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # lam ' c
Date: APRIL 18, 1995 Res. # C�2
By-Law# _.. ����-
Report M. CD-17-95 f=ile #:
Subject: BILL 163 - PART IV -- MUNICIPAL ACT (PROCEDURAL BY-LAW)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report CD-17--95 be received for information; and
2 . THAT a procedural by--law incorporating the amendments
approved by Council on June 13 , 1994 and the requirements of
Bill 163 be forwarded to Council for passage .
BACKGROUND AND COMMENT
The passage of Bill 163 requires that all municipalities adopt a
procedure by--law for governing the calling, place and proceedings
of meetings . Although the Municipality of Clarington currently
has a procedure by-law in place, several amendments are now
required in order to comply with the legislation and to
accurately reflect the method in which the Municipality carries
out its business . The various sections to be amended are
outlined below.
1 . Section 3 . 1 - Place of Meetings
The present by-law indicates that the meetings "shall be
held at such place within the Town and at such times as the
Council from time to time appoints. " The legislation now
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Report CD-17-95 - 2 - April 18, 1995
requires that the by-law state the time and place of the
meeting, therefore, an amendment to the by-law is necessary
to incorporate the meeting schedule adopted by Council at
its inaugural meeting on December 5, 1994 .
2 . Committee of the Whole
Prior to the passage of Bill 163, all meetings of council
were to be held in public . In order for an item be to
considered "in camera" , it was necessary for the council to
move into Committee of the Whole . The legislation now
permits any meeting or part of a meeting to be closed to the
public if the subject matter being considered is :
(a) the security of the property of the municipality or
local board;
(b) personal matters about an identifiable individual
including municipal or local board employees;
(c) a proposed or pending acquisition of land for municipal
or local board purposes;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matters
before administrative tribunals, affecting the
municipality or local board;
(f) the receiving of advice that is subject to solicitor-
client privilege, including communications necessary
for that purpose;
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Report CD-17-95 - 3 - April 18, 1995
(g) a matter in respect of which a council, board,
committee or other body has authorized a meeting to be
closed under another Act .
As council is now able to close a meeting to the public
without moving into Committee of the Whole, all references
to Committee of the .Whole contained in the present by-law
need to be repealed.
3 . Terms of Reference of the
General Purpose and Administration Committee
Schedule "A" of the procedure by-law sets out the terms of
reference of the General Purpose and Administration
Committee . Several amendments are required to the terms of
reference to more closely reflect the practices currently
followed by the municipality.
Conclusion
In June 1994, a report was presented to Committee recommending
changes to the procedural by--law in an attempt to incorporate
common procedures into the procedural by-laws across the Regional
Municipality of Durham. At that time, several of the recommended
amendments put forward were approved by Council . The passage of
Bill 163 requires that all municipalities have procedural by-laws
in place by May 1, 1995 .
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Report CD-17-95 - 4 - April 18, 1995
It is therefore recommended that the procedural by-law
incorporating the amendments approved by Council earlier and the
requirements of Bill 163 be forwarded to Council for passage .
Respectfully submitted Reviewed by
atti . ' Barra A.M. C.T W.H. Stockwell
C1er Chief Administrative Officer
Enc
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EXCERPT FROM REPORT #1 APPROVED BY COUNCIL ON JUNE 13, 1994
Report #1 - 3 - June 6, 1994
THAT the Clerk prepare the required Notices of Intent
pursuant to the provisions of the Ontario Heritage Act and
report back to Council following the prescribed notification
period; and
THAT the Local Architectural Conservation Advisory Committee
be advised of Council's decision.
8 . BUILDING PERMIT- TARGET DATE
THAT Report PD-63-94 be received for information; and
THAT a copy of Report PD-63�--94 be forwarded to the Durham
Home Builders Association.
9 . REGIONAL MUNICIPALITY OF DURHAM PROCEDURAL BY-LAW
THAT Report CD-21-94 be received; and
THAT the Regional Municipality of Durham be advised that the
Municipality of Clarington concurs with the proposed
amendments , as outlined below, to the Region's procedural
by-law and forwarded a copy of Report CD-21-94 .
Proceedings at Inaugural Meetings
Provides for the order of proceedings at the meeting.
Order of Proceedings in Council
Declarations of Interest to be- made prior to the adoption of
the minutes of the previous meeting.
Conduct of Members in Council
No member shall speak disrespectfully of any elected
assembly.
Withdrawal of Motion
May be withdrawn at any time before decision or amendment by
the mover and seconder.
Motion to Amend
Also permits proposed amendments to be' read for the
information of Members before introduction.
Negative Motion
A motion to rescind a defeated motion of Council is not
required and the subject matter may not be re-introduced or
debated in any form without leave of Council upon a majority
vote of those attending and voting.
Declaration of Chair
Imp-roved wording to clarify that the recorded vote is to be
taken on the question (motion) , not on the ruling of the
Chair.
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Report #1 - 4 — June 6, 1994
Proceeding In Camera
Details items or matters which may be considered "In Camera"
as follows :
a) pending or contemplated litigation or the
receiving of confidential legal advice;
b) wages, salaries, benefits or matters related to
individual employees and officers of the
Municipality;
c) collective bargaining on behalf of the
Municipality;
d) the proposed acquisition or disposal of real
property, goods or services by the Municipality
and related negotiations;
e) matters- related to security;
f) matters related to discussions concerning the
location, relocation, or expansion of commercial
or industrial enterprises; and
g) information which is prohibited from being made
public by legislation of the Province of Ontario
or the Government of Canada.
10 . CL94-28 CONSTRUCTION OF BASKETBALL COURTS
THAT Report TR-34-94 be received;
THAT Tri Son Contracting Inc . , Prince Albert, Ontario, with
a total bid prase of $29 ,848 .24, be awarded the contract for
construction of two (2 ) basketball courts, as requested by
the Municipality of Clarington; and
THAT the funds expended be drawn from the Community Services
1994 Capital Budget Account #7603-00001-0516 .
11 . TENDER CL94-24 , SUPPLY AND INSTALL ONE ( 1) ONLY BATTERS '
CAGE ORONO PARK
THAT Report TR-35-94 be received;
THAT Kaan Construction, Ajax, Ontario, with a total bid
price of $11,.488 . 50, be awarded the contract to supply and
install one ( 1) *only Batters ' Cage at Orono Park, as
requested by the Municipality of Clarington; and
THAT the funds expended be drawn from the Community Services
1994 Capital Budget Account #7603-00001-0516 .
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