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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 624 RECY[LEp Fifq PRFER fCY[f ni5 a PR..ft ifl Gf FEGYCICE)FAIFR 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; 625 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 . 626 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 6 ? 7 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. 628 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 . 6 2- 9