Municipality of Trent Hills Heritage Advisory Committee Meeting Agenda Records Management Room, Municipal Office, 66 Front Street South, Campbellford
Wednesday, April 24, 2019 4:00 p.m.
Page
1. Call to Order:
Councillor Catherine Redden assumed the Chair and called the meeting to order at ___ p.m.
2. Approval of Agenda:
a) Motion to Approve the Agenda.
It is recommended that the agenda for the Heritage Advisory Committee meeting of April 24, 2019 be received and approved.
3. Disclosure of Pecuniary Interest:
4. Approval of Minutes:
None.
5. General Business:
5 - 6 a) By-law No. 2018-117: A By-law to Establish a Heritage Advisory Committee (Trent Hills Heritage Advisory Committee). 2018-117 Establish Trent Hills Heritage Advisory Committee
It is recommended that By-law No. 2018-117: A By-law to Establish a Heritage Advisory Committee (Trent Hills Heritage Advisory Committee) be received.
7 - 35 b) By-law No. 2019-030: A By-law to Govern the Proceedings of Council and Advisory Bodies of Council of The Corporation of the Municipality of Trent Hills (Procedural By-law). 2019-030 Procedural By-law (Repeal By-law 2017-121) Heritage Advisory Committee Agenda – Wednesday, April 24, 2019
It is recommended that By-law No. 2019-030: A By-law to Govern the Proceedings of Council and Advisory Bodies of Council of The Corporation of the Municipality of Trent Hills (Procedural By-law) be received.
36 - 39 c) 2019 Meeting Schedule. 2019 Calendar
The 2019 Meeting Schedule for the Heritage Advisory Committee be established as follows at 4:00 p.m.:
•
d) Heritage Registers - Heritage Designation List.
It is recommended that the verbal information provided by Jim Peters, Director of Planning & Development, re: Heritage Registers - Heritage Designation List be received.
40 e) Public Education - Heritage Plaque Program and Register. Heritage Plaque Program
It is recommended that the Public Education - Heritage Plaque Program and Register information be received.
41 f) Public Education - Heritage Plaque Program Application - 115 Old Hastings Road, Warkworth. 115 Old Hastings Road - Heritage Program Plaque Application
It is recommended that the Public Education - Heritage Plaque Program Application - 115 Old Hastings Road, Warkworth be received.
42 - 47 g) Public Education - Heritage Brochure Project. Campbellford Tour Brochure Hastings Tour Brochure Seymour Tour Brochure
It is recommended that the Public Education - Heritage Brochure Project - Campbellford, Hastings and Seymour brochures be received.
48 - 56 h) Heritage Grant Program. Trent Hills Heritage Grant Program
Page 2 of 95 Heritage Advisory Committee Agenda – Wednesday, April 24, 2019
It is recommended that the Heritage Grant Program information be received.
57 - 68 i) Heritage Grant Program - Grant Application from Hazel Farley and Roger Oxenham re: Roof Replacement, 1041 Petherick's Road. Farley - Heritage Grant Program Application
It is recommended that the Heritage Grant Program - Grant Application from Hazel Farley and Roger Oxenham re: Roof Replacement, 1041 Petherick's Road be received.
And it is recommended to Council that the Heritage Grant Program - Grant Application from Hazel Farley and Roger Oxenham re: Roof Replacement, 1041 Petherick's Road be denied or approved in the amount of $ ______.
j) Heritage/Historical Society and Community Heritage Updates.
Provides an opportunity for the Members of the Heritage Advisory Committee to deliver updates on Heritage activities within the Municipality of Trent Hills.
6. Communications:
69 - 93 a) Correspondence: • CHOnews - Spring 2019 • Campbellford-Seymour Heritage Society - December 2018 • Doors Open Northumberland 2019 CHOnews - Spring 2019 December 2018 Newsletter Doors Open 2019 Info Doors Open 2019 Status
It is recommended that the following correspondence: • CHOnews - Spring 2019 • Campbellford-Seymour Heritage Society - December 2018 • Doors Open Northumberland 2019 be received.
94 - 95 b) Correspondence dated March 21, 2019 from Dan Petoran, A/Director, Central Production and Verification Services Branch, Ministry of Government and Consumer Services re: Searching of files at the Land Registry Office. 2019 Heritage Search Letter
It is recommended that the correspondence dated March 21, 2019 from Dan Petoran, A/Director, Central Production and Verification Services Branch,
Page 3 of 95 Heritage Advisory Committee Agenda – Wednesday, April 24, 2019
Ministry of Government and Consumer Services re: Searching of files at the Land Registry Office be received.
7. Adjournment: a) Motion to Adjourn.
It is recommended that we do now adjourn at ______p.m.
Page 4 of 95 5.a) By-law No. 2018-117: A By-law to Establish a Heritage Advisory Comm...
The Corporation of the Municipality of Trent Hills
By-law No. 2018-117
A By-law to Establish a Heritage Advisory Committee (Trent Hills Heritage Advisory Committee)
Whereas Section 28 of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, as amended, provides that the council of a municipality may by by-law establish a municipal heritage committee to advise and assist the council on matters relating Part IV - Conservation of Property of Cultural Heritage Value or Interest, and Part V - Heritage Conservation Districts, and such other heritage matters as the council may specify by by-law;
And Whereas Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decision of Council;
And Whereas the Council of The Corporation of the Muncipality of Trent Hills deems it desirable to pass a by-law to establish a Heritage Advisory Committee;
Now Therefore the Council of the Municipality of Trent Hills hereby enacts as follows:
1. That a Heritage Advisory Committee be established and that such Committee be known as the "Trent Hills Heritage Advisory Committee".
2. That the purpose of the Trent Hills Heritage Advisory Committee shall be to advise and assist Council and staff in matters related to cultural heritage resource conservation including public awareness of heritage, heritage planning and Heritage Act designation located within the Municipality.
3. The mandate of the Trent Hills Heritage Advisory Committee shall be:
3.1 . To act as an advisory body to Council. All recommendations shall be forwarded to Council for consideration.
3.2. Heritage Registers
3.2.1 . Pursuant to Section 27 of the Ontario Heritage Act, on behalf of the Clerk, keep a register of property situated in the municipality that is of cultural heritage value or interest.
3.2.2. Consult with and recommend to Council regarding the inclusion of a property in the register.
3.2.3. Consult with and recommend to Council regarding the removal of a property from the register.
3.2.4. Pursuant to Section 39.2 of the Ontario Heritage Act, on behalf of the Clerk, keep a register of all heritage conservation districts designated under Part V that are situate in the municipality and shall ensure that the C register contains a map or description of the area of each such heritage conservation district.
3.2.5. Consult with and recommend to Council regarding a study undertaken pursuant to Section 40 of the Ontario Heritage Act.
3.3. Public Education
3.3.1. Provide public education and promote awareness and conservation of Trent Hills' cultural heritage through the Heritage Awareness Plaque Program and brochures.
Page 1 of 2
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3.4. Heritage Grant Program
3.4.1. To review applications under the Heritage Grant Program and make recommendations on such applications, for Council consideration.
3.5. Conservation of Property and Heritage Conservation Districts
3.5.1. Consult with and recommend to Council pursuant to Part IV - Conservation of Property of Cultural Heritage Value or Interest and Part Part V - Heritage Conservation Districts, of the Ontario Heritage Act.
3.5.2. Pursuant to Section 38 of the Ontario Heritage Act, the members of the Trent Hills Heritage Advisory Committee are authorized to conduct inspections, where such members have been directed by Council or staff.
4. That the following persons shall be appointed as members of the Trent Hills Heritage Advisory Committee for the term of the Council that appointed them or until their successors are appointed. Where a member ceases to be a member before the expiration of his or her term, Council may appoint another eligible person for the unexpired portion of the term:
• One (1) Council Member (Chair) • Five (5) Members of the Public • Mayor (ex-officio)
5. Council shall strive to maintain a minimum of one (1) public member in transitioning between terms to provide continuity. Public members shall not serve more than two (2) consecutive terms.
6. That the one (1) member of Council shall be a non-voting member of the Trent Hills Heritage Advisory Committee.
7. That the Director of Planning and Development shall be the staff liaison to the Trent Hills Heritage Advisory Committee.
8. The Trent Hills Heritage Advisory Committee shall endeavor to meet five (5) times per year, with no meetings scheduled during July or August.
9. The Municipality of Trent Hills' Procedural By-law shall govern the proceedings and activities of the Trent Hills Heritage Advisory Committee.
10. This by-law shall come into force and take effect on the final passing thereof.
By-law read a first, second and third time, and passed this 1 ath day of December, 2018.
('·
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The Corporation of the Municipality of Trent Hills
By-Law No. 2019-030
A By-law to Govern the Proceedings of Council and Advisory Bodies of Council of The Corporation of the Municipality of Trent Hills and to Repeal By-law 2017-121 (Procedural By-law)
Whereas Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended states that every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings;
And Whereas Section 238(2.1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended states that the procedure by-law shall provide for public notice of meetings;
And Whereas the Municipality of Trent Hills By-law 2017-121, A By-law Governing the Proceedings of Council and its Advisory Bodies of Council of The Corporation of the Municipality of Trent Hills was passed under Section 238(2) of the Municipal Act, 2001, as amended;
And Whereas the Council of The Corporation of the Municipality of Trent Hills deems it expedient to repeal By-law 2017-121 so that Council may reflect the current practices, procedures and statutory requirements of Council and Advisory Bodies of Council;
Now Therefore the Council of the Municipality of Trent Hills hereby enacts as follows:
1. That the proceedings of Council and its Advisory Bodies, the conduct of the Members and the calling of meetings shall be governed by the provisions and regulations contained in Schedule "A", attached hereto and forming an integral part of this By-law.
2. That the current edition of "Robert's Rules of Order Newly Revised" shall be the basis of interpretation for questions of procedure or order not provided for in Schedule "A".
3. That should any section, subsection, clause, paragraph or provision of this By- law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof, other than the provision so declared to be invalid. Any provincial Statutes imposed contrary to this By-law shall take precedence.
4. That this By-law may be cited as the "Procedural By-law".
5. That By-law 2017-121 is hereby repealed in its entirety.
6. This By-law shall come into force and take effect on the 6th day of March, 2019.
By-law read a first, second and a third time, and passed 5th day of March, 2019.
ert Crate, Mayor
J. D ugl l Clerk
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Schedule "A" to By-law No. 2019-030 for The Corporation of the Municipality of Trent Hills
Index
1.0 Definitions
2.0 Guiding Philosophy
3.0 Notice of Meeting
4.0 Calling, Place and Time of Meetings 4.1 Inaugural Meeting of Council 4.2 Election - Deputy Mayor 4.3 Regular Meeting Schedule of Council 4.4 Council Meetings - Special or Emergency 4.5 Advisory Bodies of Council Meetings 4.6 Clerk Required
5.0 Quorum and Attendance 5.1 Quorum - Council 5.2 Quorum - Advisory Bodies of Council 5.3 Attendance - General 5.4 Non-Attendance - Council 5.5 Non-Attendance - Advisory Bodies of Council
6.0 Open and Closed Meetings - General 6.1 Open Session Meetings 6.2 Closed Session Meetings
7.0 Head of Council and Advisory Body 7.1 Chair - Council 7.2 Chair - Advisory Body of Council 7.3 Duties of Chair 7.4 Vacate the Chair - Head of Council/Chair 7.5 Absence from Council Meeting - Head of Council 7.6 Absence from Advisory Body Meeting - Chair
8.0 Conduct 8.1 Conduct - Members of Council 8.2 Conduct - Advisory Body Members or Appointees 8.3 Conduct - Use of Technology - Council and Advisory Body 8.4 Conduct - Members of the Public
9.0 Rules of Debate 9.1 Rules of Debate - Head of Council/Chair 9.2 Rules of Debate - Members 9.3 Rules of Debate - In Council/Advisory Body
10.0 Use of Ballot for Determining Appointee
11.0 Voting 11.1 Voting - Head of Council 11.2 Voting - Advisory Body of Council 11.3 Voting on Questions 11.4 Failure to Vote 11.5 Appeal of Declaration of Result 11.6 Equality of Votes 11.7 Recorded Vote 11.8 Voting - Closed Session Meeting 11.9 Voting - 2/3 Vote Calculation
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12.0 Motions/Recommendations 12.1 Motions/Recommendations - General 12.2 Withdrawal of a Motion 12.3 Motion to Amend 12.4 Motion to Reconsider
13.0 Agendas 13.1 Council Agenda 13.2 Advisory Body Agenda 13.3 Verbal Matters 13.4 Announcements
14.0 Agenda Section Headings 14.1 Call to Order 14.2 Adoption of the Agenda 14.3 Disclosure of Pecuniary Interest 14.4 Closed Session Items 14.5 Minutes of Council and Advisory Bodies 14.6 Public Meetings 14.7 Deputations 14.8 Presentations 14.9 Open Forum 14.10 Reports of Municipal Officers 14.11 Reports of Members of Council 14.12 Consent Agenda 14.13 Communications/Petitions 14.14 By-laws 14.15 Notice of Motions 14.16 Closed Session Items (Unfinished Items) 14.17 Confirmation By-law 14.18 Questions Clarifying an Agenda Item 14.19 Adjournment
15.0 Suspension/Amendment of Procedure
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1.0 Definitions
That in this By-law:
a) "Advisory Body" means an advisory committee of Council or similar entity, where fewer than fifty (50) percent of membership are Members of Council, and may include a Committee.
b) "Agenda" means a list of all items to be considered by the Council/Advisory Body/Committee at the meeting for which the agenda was published.
c) "Chair" means the person presiding over a meeting of Council, Advisory Body, or a Committee.
d) "Clerk" means the Clerk of the Municipality, or the Deputy Clerk, acting in the capacity of the Clerk in their absence, or a person who the Clerk has designated.
e) "Closed Session" means a meeting, or portion thereof, closed to the public in accordance with Section 239 of the Municipal Act, 2001, as amended.
f) "Committee" means an advisory committee of Council or similar entity, where of the membership, fifty (50) percent or greater are Members of Council, or as defined elsewhere by legislation.
g) "Consent Agenda" means a list of items on the agenda containing recommendations from staff as to their disposition, all of which may be adopted by one motion, but any of which may be removed from the motion and voted upon separately upon the request of a Member.
h) "Council" means the Council of the Municipality.
i) "Deputation" means an address to Council/Advisory Body/Committee by an individual or a group for the purpose of making a presentation for information or asking for an action, and/or an individual or a group who have requested to provide an address to Council/Advisory Body/Committee.
i) "Emergency Meeting" means a meeting not scheduled in accordance with the approved schedule of meetings and must be held as expeditiously as possible.
k) "Head of Council" means the Mayor of the Municipality or the Deputy Mayor acting in the capacity of the Mayor in their absence.
I) "Holiday" means:
(i) any holiday as defined in the Section 88 of the Legislation Act, 2006, as amended. (ii) any day proclaimed by the Head of the Council as a Civic Holiday.
m) "Improper Language" means the use of profane, indecent or obscene language that is deemed, at the discretion of the Chair, to be disrespectful.
n) "Local Board" means a public utility commission, transportation commission, board of park management, board of health, planning board, or any other board, commission, Committee, body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of a municipality or of two or more municipalities or parts thereof.
o) "Meeting" means any regular, special, or other meeting of Council, or a Local Board or of an Advisory Body or Committee of either of them where a quorum is present and where members discuss or otherwise deal with any matter in any way that materially advances the business or decision-making of the Council, Local Board, Advisory Body or Committee. PagePage 4 10of 29of 95
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ID) "Member" means a member of the Council, including the Head of Council, or a member which Council has appointed to an Advisory Body or Committee.
q) "Municipality" means The Corporation of the Municipality of Trent Hills.
r) "Recorded Vote" means the recording of the name and vote of every Member on any matter of question.
s) "Resident" means an individual who resides or rents/owns property within the boundaries of the Municipality.
t) "Special Meeting" means a meeting not scheduled in accordance with the approved schedule of meetings.
2.0 Guiding Philosophy
The primary policy of Council shall be to "govern well". This policy shall serve as a reference point for each Member regarding all Agenda and items of business placed before Council or its Advisory Bodies or which the Members must address as a part of their responsibilities. All such business shall be scrutinized and acted upon by the Members as to how that business addresses or corresponds to the public interest.
It is in the public interest that Members of Council or Advisory Bodies shall come prepared to every meeting by having read all material supplied, including Agenda and staff reports, to facilitate discussion and any determination of action. Members of Council or Advisory Bodies are encouraged to make inquiries of staff regarding materials supplied with the Agenda in advance of the meeting.
3.0 Notice of Meeting
a) The Clerk shall ensure that the Agenda, for each regular meeting of Council and Advisory Body, shall be posted to the Municipality's website no later than the end of the day on the last business day of the week prior to the meeting. The posting of the Agenda on the Municipality's website may constitute notice of the meeting.
b) Notice of a Special Council Meeting shall be given to the public by posting of the Agenda on the Municipality's website as soon as is practical after notice of the Special Meeting has been given.
c) Notice of an Emergency Council Meeting shall be given to the public by posting the Agenda on the Municipality's website as soon as is practicable. Such posting may not occur prior to the Emergency Meeting.
d) The Chair may cancel a meeting due to lack of items for consideration, or the Clerk, in consultation with the Chair, may cancel a meeting when it has been confirmed before the meeting that there will be a lack of quorum present. Such cancellation shall be noted on the Municipality's website as soon as is practical after the meeting has been cancelled.
e) The Clerk shall provide notice of cancellation to Council, Staff, and Media a minimum of two (2) hours, whenever possible, in advance of any meeting, public meeting, hearing, or information session in the case of severe inclement weather. The notice of cancellation shall be posted on the Municipality's website, and may be communicated in any other manner deemed appropriate for the circumstances of the cancellation.
f) Lack of receipt of notice or Agenda for a meeting by any person shall not affect the validity of the meeting or any action lawfully taken at the meeting.
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4.0 Calling, Place and Time of Meetings
4.1 Inaugural Meeting of Council
a) The Inaugural Meeting of Council shall take place at 11:00 a.m. on the first Monday of December following a regular election.
b) The Mayor-elect and Clerk shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements for the Inaugural proceedings.
c) That, prior to the commencement of the first meeting of the newly-elected Council, the Clerk in consultation with the Mayor, shall establish the seating arrangement to be used for the Term of Council, or portion thereof.
4.2 Election — Deputy Mayor
a) A Deputy Mayor shall be elected from the Council during the Inaugural Meeting of the newly-elected Council.
b) Any Member of Council with the exception of the Mayor may stand for a Deputy Mayor nomination
c) The term of the Deputy Mayor shall be two (2) years.
d) If two (2) or more Members of Council are nominated for Deputy Mayor, Council may use a ballot as set out in Section 10 - Use of Ballot for Determining Appointee.
4.3 Regular Meeting Schedule of Council
The regular schedule of meetings for Council shall be:
a) Council Meetings on the first and third Tuesday of each month, except January, July, and August — as defined further in this section.
b) The Open Session meeting on the first Tuesday of the month will commence at 6:00 p.m. The meeting may commence earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 6:00 p.m. Open Session, Council will rise and recess and reconvene at 6:00 p.m. for the reporting of the Closed Session Items during the Open Session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting Agenda.
c) The Open Session meeting on the third Tuesday of the month will commence at 9:30 a.m. Closed Session Items shall be dealt with following Open Session matters, unless otherwise identified on the Agenda cover pages.
d) During the month of January, meetings shall be held as follows:
i) There shall be no meeting the first Tuesday of the month.
ii) The Open Session meeting on the third Tuesday of the month will commence at 9:30 a.m. Closed Session Items shall be dealt with following Open Session matters, unless otherwise identified on the Agenda cover pages.
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e) During the months of July and August, a Council meeting shall be held on the first Tuesday of the month commencing at 6:00 p.m. The meeting may commence earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 6:00 p.m. Open Session, Council will rise and recess and reconvene at 6:00 p.m. for the reporting of the Closed Session Items during the Open Session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting Agenda.
The location of Regular meetings of Council shall be held at either the Hastings Civic Centre, 6 Albert Street East, Hastings, Ontario or the Clock Tower Cultural Centre, 36 Front Street South, Campbellford, Ontario, or any other location within the Municipality so designated from time to time for such a purpose. The location shall be identified on the Agenda cover pages for the said meeting.
g) The location of Advisory Body meetings shall be held at a designated location within the Municipality. The location shall be identified on the Agenda cover pages for the said meeting.
h) In the event that the day scheduled for a regular Council meeting is a Holiday or a day on which a Municipal Election is to be held, the Council shall meet at the same hour on the 1st day thereafter, unless otherwise provided for in the schedule of meetings or as determined by the Head of Council and Clerk.
I) Where a Regular meeting of Council is to be held at a time, day or place other than as set out in this Section, notice shall be provided pursuant to Section 3.0.
4.4 Council Meetings — Special or Emergency
a) The Head of Council may, at any time, call a Special Meeting of the Council.
b) The Clerk, in consultation with the Head of Council, may call a Special Meeting of the Council in circumstances where Council needs to make decisions and actions need to be taken before the next regularly scheduled meeting.
c) Upon receipt of a petition of the majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time mentioned in the petition.
d) No business may be transacted at a Special Meeting of Council other than that specified in the notice of the meeting or Agenda.
e) Once the Agenda for a Special Meeting of Council is posted on the Municipality's website, there shall be no amendment to the notice of the meeting or the Agenda.
Notice of a Special Meeting of Council shall be delivered to all Members of Council at least one calendar day before the date established for the Special Meeting.
9) If a Special Meeting of Council is summoned as the result of a request from an applicant to deal with a specific matter before the next regular meeting of Council, the applicant shall be responsible for all costs associated with the Special Council meeting, including per diem and mileage payments, et cetera. The minimum charge of $750.00 shall be applicable in such circumstances where a Special Council meeting is deemed to be a "half day".
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h) The Head of Council may, at any time, call an Emergency Meeting of Council without the required one calendar day notice where the Head of Council is satisfied an extraordinary situation exists that will negatively impact the health, safety and well-being of persons, expose the Municipality to liability, or negatively impact the Municipality's position in negotiation, if Council does not make a decision and the Municipality does not act on the matter within one calendar day of the Emergency Meeting.
i) No business may be transacted at an Emergency Meeting of Council other than the business dealing directly with the emergency or extraordinary situation.
j) When the Head of Council calls an Emergency Meeting of Council, the Clerk shall notify Members of Council of the meeting in the most expedient manner.
k) For the purposes of the Municipality's Remuneration By-law, an Emergency Meeting of Council shall be classified as a Special Meeting of Council.
4.5 Advisory Bodies of Council Meetings
a) Advisory Bodies wholly within the sphere of the jurisdiction of Council may be established, revised, disbanded and replaced as Council deems necessary.
b) Any establishment, revision, disbandment, or replacement of an Advisory Body shall be executed by By-law.
c) The majority of Members of such Advisory Bodies shall be Residents within the Municipality.
d) The Head of Council shall be an ex-officio member of all Advisory Bodies where not otherwise prohibited by any Act.
e) Council, in its sole discretion, may amend the appointment of any public member to an Advisory Body during its term.
Any appointment of a member of the public to or removal of a member of the public from an Advisory Body shall be confirmed by amending the appropriate By-law.
9) The provisions of this By-law, with necessary modification, shall apply to Advisory Bodies and to any other Committees or Local Boards established by Council from time to time.
h) In the event that Council has enacted an Advisory Body-specific Procedural By-law, the provisions of this By-law shall apply when the Advisory Body-specific Procedural By-law is silent on the matter in question.
i) In the event that Council has enacted an Advisory Body-specific Code of Conduct, the provisions of this By-law shall apply when the Advisory Body -specific Code of Conduct is silent on the matter in question.
j) Meetings of Advisory Bodies of Council shall be scheduled by the Municipality.
k) In the event that the day scheduled for a regular Advisory Body meeting is a Holiday or a day on which a Municipal Election is to be held, the Advisory Body shall meet as determined by the Municipality.
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4.6 Clerk Required
No Meeting of Council or an Advisory Body, including any Closed Session, shall be held in the absence of the Clerk or their designate. This provision of the By- law may not be suspended.
5.0 Quorum and Attendance
5.1 Quorum — Council
a) Four (4) Members of Council shall constitute a quorum.
b) Where quorum is not present within thirty (30) minutes of the time appointed for a Meeting, the Clerk shall call the roll and record the names of the Members present. The Meeting shall stand adjourned until the next regular Meeting or until a Special Meeting is called.
5.2 Quorum — Advisory Bodies of Council
a) A majority of the whole number of voting Members required to constitute the Advisory Body shall be necessary to form a quorum (being the next whole number in excess of one-half the number of Members).
b) Where quorum is not present within thirty (30) minutes of the time appointed for a Meeting, the Clerk shall record the names of the Members present. The Meeting shall stand adjourned until the next regular Meeting or until a date is fixed by the Chair for which two (2) calendar days' notice is given to all Advisory Body Members.
5.3 Attendance - General
Any member of Council may attend any Meeting of any Advisory Body to which they have not been appointed and such a Member shall only participate in the discussion at the invitation of the Chair. Such attendance at the Advisory Body Meeting shall be at the Member's own discretion and without per diem.
5.4 Non-Attendance — Council
a) The seat of a Member of Council shall be declared vacant consistent with Section 259 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
b) Members of Council are required to inform the Clerk's office of any anticipated, but unavoidable, absences from upcoming meetings.
5.5 Non-Attendance — Advisory Bodies of Council
a) The seat of a Member of an Advisory Body shall be declared vacant if the Member is absent for three (3) consecutive Meetings, without prior approval from Council, with the exception of illness/health reasons.
c) If that person is prepared to show just cause why they should remain on the Advisory Body, the continuation of their appointment shall be determined by Council.
d) Members of Advisory Bodies are required to inform the Clerk's office of any anticipated, but unavoidable, absences from upcoming Meetings.
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6.0 Open and Closed Meetings - General
6.1 Open Session Meetings
All Meetings of Council and all Meetings of any Advisory Body of Council shall be open to the public subject to the exceptions listed in Section 6.2.
6.2 Closed Session Meetings
a) A Meeting or part of a Meeting may be closed to the public if the subject matter being considered relates to:
i) the security of the property of the municipality (may be cited as "security of municipal property");
ii) personal matters about an identifiable individual, including municipal employees (may be cited as "personal matters about an identifiable individual");
iii) the proposed or pending acquisition/disposition of land by the municipality (may be cited as "acquisition/disposition of land");
iv) labour relations or employee negotiations (may be cited as "labour relations/employee negotiations");
v) litigation or potential litigation affecting the municipality, including matters before administrative tribunals (may be cited as "litigation affecting the municipality");
vi) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (may be cited as "solicitor-client privilege");
vii) a matter in respect of which a council, committee or other body may hold a closed meeting under another Act;
viii) the education or training of the members; provided that 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 (may be cited as "education or training of members");
ix) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them (may be cited as "government information");
x) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization (may be cited as "technical information with competitive implications");
xi) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value (may be cited as "technical information with financial implications);
xii) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (may be cited as "negotiations on behalf of municipality").
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b) A Meeting or part of a Meeting shall be closed to the public if the subject matter being considered is:
i) a request under the Municipal Freedom of Information and Protection to Privacy Act, if the Council is designated as the head of the institution for the purposes of the Act;
ii) an ongoing investigation respecting the Municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of the Municipal Act, or the investigator referred to in subsection 239.2 (1) of the Municipal Act.
7.0 Head of Council and Advisory Body
7.1 Chair—Council
The Head of Council shall assume the duties of Chair during Council Meetings.
7.2 Chair — Advisory Body of Council
a) The Chair of an Advisory Body of Council shall be appointed by Council. Where the By-law establishing the Advisory Body has been enacted, the Chair of the Advisory Body shall be a Member of Council per the establishing By-law.
7.3 Duties of Chair
a) The Chair shall preserve order and decorum, decide questions of order (subject to an appeal to the Council or Advisory Body by any Member) and, without unnecessary comment, cite the rule of authority commonly accepted (under parliamentary procedures or the Procedural By-law) applicable to the case, if called upon to do so.
b) To open the meeting of Council or Advisory Body by taking the chair and calling the Members to order.
c) To announce the business before the Council or Advisory Body in the order in which it is to be acted upon.
d) To receive and submit, in the proper manner, all motions/recommendations presented by the Members.
e) To put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the results.
f) To decline to put to vote motions which infringe on the rules of procedure.
9) To restrain the Members, within the rules of order, when engaged in debate.
h) To enforce, on all occasions, the conduct of the Members.
i) To expel any person for improper conduct.
j) To call by name any Member persisting in breach of the rules of order of the Council or Advisory Body, thereby ordering them to vacate the Council Chamber, or designated meeting place.
k) To receive all messages and other communications and announce them to the Council or Advisory Body.
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I) To authenticate, by their signature when necessary, all By-laws (if applicable), motions/recommendations and minutes of the Council or Advisory Body.
m) To represent and support the Council or Advisory Body, declaring its decision in all things.
n) To ensure that the decisions of Council or Advisory Body are in conformity with the laws and By-laws governing activities of the Council or Advisory Body.
o) To adjourn the meeting when the business is concluded.
p) To unilaterally adjourn the meeting without a motion, in the event of grave disorder arising in the meeting place.
7.4 Vacate the Chair — Head of Council/Chair
a) If the Head of Council/Chair desires to introduce a motion or by-law, they shall vacate the chair for that purpose only, and shall call on another Member of Council to fill they place until they resume the chair.
b) The Clerk shall note in the minutes of the meeting when the Head of Council/Chair vacates and resumes the chair.
7.5 Absence from Council Meeting — Head of Council
a) When the Head of Council knows in advance that they will be absent at the commencement of a Council meeting, the Head of Council shall advise the Deputy Mayor and Clerk as soon as possible prior to the commencement of the meeting. In the event that the Head of Council and Deputy Mayor will both be absent at the commencement of the Council meeting, the Head of Council may appoint a Member of Council to preside during the meeting or until the arrival of the Head of Council or Deputy Mayor, and the Head of Council shall advise the Clerk of the appointment as soon as possible prior to the commencement of the meeting.
b) In the unexpected absence of the Head of Council, within fifteen minutes after the time appointed for the meeting, the Deputy Mayor shall call the Members to order and, if a quorum is present, shall preside during the meeting or until the arrival of the Head of Council. In the absence of the Head of Council and the Deputy Mayor, and a quorum is present, the Clerk shall call the Members to order, and a Chair shall be chosen from the Members to preside during the meeting or until the arrival of the Head of Council or Deputy Mayor.
c) When the Chair is vacated by the Head of Council, the Deputy Mayor shall assume the Chair and shall preside during the meeting until the Head of Council resumes the chair.
d) While presiding, the Deputy Mayor or Chair chosen by Council shall have all the powers of the Head of Council and shall be entitled to vote as a Member.
7.6 Absence from Advisory Body Meeting - Chair
a) When the Chair of an Advisory Body knows in advance that they will be absent at the commencement of the meeting, the Chair shall advise the ex-officio, Vice Chair if appointed, and the Clerk as soon as possible prior to the commencement of the meeting. When a Vice Chair is appointed, the Vice Chair shall assume the Chair for the meeting. When there is no Vice Chair appointed, the ex-officio shall assume the Chair for the meeting or until the arrival of the Chair. In the event that the Chair and ex-officio will both be absent at the commencement of the meeting, the ex-officio may appoint a Member of Council to act in an ex-officio capacity, to
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preside during the meeting or until the arrival of the Chair or ex-officio, and the ex-officio shall advise the Clerk of the appointment, in writing, as soon as possible prior to the commencement of the meeting.
b) In the unexpected absence of the Chair and quorum is present, the Clerk shall call the Members to order and a Chair shall be chosen from among the Members of the Advisory Body to preside during the meeting or until the arrival of the Chair.
c) During the meeting, the Chair of an Advisory Body may appoint another Member of the Advisory Body to act as the Chair while they are temporarily absent from the meeting.
8.0 Conduct
8.1 Conduct — Members of Council
Members of Council shall:
a) Not disturb another, or the Council itself, by any disorderly deportment disconcerting to any Member speaking.
b) Not resist the rules of Council or disobey the decision of the Chair on questions of order or practice or upon the interpretations of the rules of order of the Council.
c) Not be permitted to retake their seat at any meeting after being ordered by the Chair to vacate after committing a breach of any rule of order of the Council, without making apology and the consent of the Council expressed by a majority vote of the other Members present, determined without debate.
d) Not speak until they have addressed them self to the Chair.
e) Not walk across or out of the Chamber/designated meeting place or make any noise or disturbance when the Chair is putting a question and shall occupy their seat while a vote is being taken and until the result thereof is declared.
f) Not disclose any written or verbal information received at a meeting or part of a meeting closed to the general public. A Member of Council who discloses such information received during a meeting, or part thereof, closed to the public may be:
i) Excluded from future Closed Meeting sessions of Council or an Advisory Body up to the rest of the term;
ii) Restricted on the correspondence, reports, materials, or information to be dealt with in future Closed Meeting sessions of Council or an Advisory Body; g) Where a Member of Council has exhibited conduct, outside of the Council Chambers, that is unbecoming of a Council Member, Council may impose sanctions and/or reprimands on that Member of Council, in its sole discretion, by a majority of Members present.
h) Declare where a pecuniary interest or possible pecuniary interest exists, and shall not participate in the discussion of or vote on any question with respect to the matter.
i) Convey the position of Council once a question has been decided, including when a Member had a minority opinion, while demonstrating respect for democracy.
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8.2 Conduct — Advisory Body Members or Appointees
Statement
Persons appointed to Advisory Bodies are representatives of the Municipality and their conduct reflects on the Municipality and the Council. Council expects that Appointees will perform their duties with a high standard of personal and professional conduct, integrity, impartiality, good faith and in the best interests of the Municipality.
The Municipality is committed to providing a safe and secure workplace that respects human rights and is free from violence, discrimination, threats and harassment. The Municipality will not tolerate any action or failure to act which results in violence, discrimination, threat, harassment or a violation of the human rights of any employee, or persons appointed to Advisory Bodies.
Principles of Conduct
a) All Members of Advisory Bodies of Council shall:
i) Promote the general goals, objectives and policies of the Municipality.
ii) Convey the position of the Advisory Body and Council once a question has been decided, including when a Member had a minority opinion, while demonstrating respect for democracy.
iii) Not disclose any written or verbal information received at a meeting or part of a meeting closed to the general public;
iv) Declare where a pecuniary interest or possible pecuniary interest exists, and shall not participate in the discussion of or vote on any question with respect to the matter;
v) Not discriminate or harass another Member of Council, an Advisory Body, staff or public.
vi) Not benefit from the use of information acquired or used, and that is not generally available to the public, during the course of their duties.
vii) Council Appointees, their immediate family and family Members residing in their households may not sell goods, materials or services to the Municipality without the express written permission of the Chief Administrative Officer.
viii) Not place themselves in a position where they could derive any benefit or gain from any Municipality contracts, persons, groups, companies or organizations with which the Municipality does business, pursuant to Municipality policy.
ix) Not accept gifts that are given in anticipation of special consideration by the Municipality.
Consequences for Violations of Conduct
All reports of incidents shall be considered serious, will be investigated and appropriate action will be taken, up to and including removal from the Advisory Body.
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8.3 Conduct — Use of Technology — Council and Advisory Body
Members of Council and Advisory Bodies shall:
a) Be permitted to use technology during Council and Advisory Body proceedings provided that such technology be used only to access Council or Advisory Body Agenda or supplementary content, and make any required notes for such.
b) Refrain from using technology during Council or Advisory Body proceedings to communicate with other Members of Council or Advisory Body, or Members of the public, unless emergency circumstances require otherwise.
c) Notwithstanding Section 8.3 a), if a Member of Council or an Advisory Body requires special accommodation under the Accessibility for Ontarians with Disabilities Act, 2005, as amended be permitted to utilize any and all technology required to access information and participate fruitfully in the proceedings of such a meeting.
8.4 Conduct — Members of the Public
a) Members of the public shall respect the decorum of Council or the Advisory Body and shall refrain from public outbursts, shouting, or behaviour intended to disrupt the debate, discussion and/or general proceedings of Council or the Advisory Body.
b) Members of the public shall respect the dignity and rights of all persons present, and shall not ridicule, demean or intimidate any person.
c) Members of the public who displays signs, posters, clothing or other advertising devices, whether political or otherwise, that demonstrate a lack of respect for the formal nature of the meeting may be requested, by the Chair to leave or remove these items.
d) No person shall use offensive, insulting or Improper Language in or against the Council or Advisory Body or any Member thereof, employees of the Municipality or any other person.
e) Any member of the public who contravenes any provision of this section, may be requested to leave or be expelled from the meeting place by the Chair or in accordance with the direction of Council.
The Chair may unilaterally suspend the meeting until order is restored in the meeting place.
9) In the event of grave disorder arising in the meeting place, the Chair may unilaterally adjourn the meeting without a motion.
9.0 Rules of Debate
9.1 Rules of Debate — Head of Council/Chair
In directing the course of debate, the Head of Council/Chair shall:
a) designate the Member who has the floor when Members raise their hand to speak.
b) preserve order and decide questions of order.
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9.2 Rules of Debate — Members
In addressing the Council or Advisory Body, no Member shall:
a) speak disrespectfully of Her Majesty the Queen or any of the Royal Family, or of the Governor-General, Lieutenant-Governor or any member of the Senate, the House of Commons of Canada, or the Legislative Assembly of Ontario.
b) use offensive, insulting or Improper Language in or against the Council or Advisory Body or any Member thereof, employees of the Municipality or any other person.
c) speak beside the question in debate.
d) speak against any decision of Council or Advisory Body except for the purpose of moving that the question be reconsidered or to bring forward a motion to rescind or alter or amend the decision.
e) disobey the rules of Council or Advisory Body or a decision of the Chair.
9.3 Rules of Debate — In Council/Advisory Body
a) Every Member may only participate in a meeting by being physically present in the meeting place and shall not be permitted to participate by any electronic means.
b) Every Member when speaking to any question or motion shall respectfully address the Chair.
c) When a Member is speaking, no other Member shall pass between them and the Chair, or interrupt them except to raise a point of order.
d) Any Member may require the question or motion under discussion to be read at any time during the debate, but not so as to interrupt a Member while speaking.
e) No Member shall speak more than once, except as outlined in Section 9.3 f), until every Member who desires to speak has spoken.
f) Upon verbal notification by the Chair of their intention to enforce the following time limits, no Member shall speak to the same question for longer than five (5) minutes. With the leave of the Chair, a supplementary question with a further one (1) minute, may be granted.
(i) A Member may ask a question only for the purpose of obtaining facts relevant to the matter under discussion and necessary for a clear understanding thereof.
(ii) All questions shall be stated succinctly and questions shall not be used as a means of making statements or assertions.
9) The Chair may take part in any debate without leaving the Chair.
h) Upon consent by a 2/3 vote of the Members present, the Council or Advisory Body may permit members of the public to speak to a specific matter on an Agenda, without a formal Deputation, at the time the matter is being considered in order to provide additional information that may assist the Council or Advisory Body in rendering a decision on the matter.
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10.0 Use of Ballot for Determining Appointee
a) Where Council wishes to appoint a Member of Council as its representative to a Board, Commission, Committee, etcetera, or to elect the Deputy Mayor, and more Members of Council than available vacancies have expressed an interest in being the designated representative, Council may use a ballot for determining the appointee.
b) The Clerk shall provide a ballot to Members of Council with the names of the Members who have expressed an interest in being the designated representative(s).
c) Each Member of Council shall select their preferred representative(s) on the ballot, shall fold the ballot and return it to the Clerk.
d) The Clerk and another staff member shall tally the votes and the Clerk shall announce the successful representative(s).
e) In the event of a tied vote, the Clerk shall draw a lot consisting of the names that received the tied vote.
f) Following the announcement of the successful representative(s), the Chair shall ask for a motion to destroy the ballots.
11.0 Voting
11.1 Voting — Head of Council
Notwithstanding Section 11.3 c), the Head of Council — except where disqualified from voting by reason of interest or otherwise — may vote with the Members on all questions.
11.2 Voting — Advisory Bodies of Council
a) Where the By-law establishing the Advisory Body stipulates that the Members of Council are non-voting Members, the Members of Council sitting as Members of the Advisory Body shall not vote with the public Members of the Advisory Body.
11.3 Voting on Questions
a) When the Chair calls for the vote on a question, each Member shall occupy their seat and shall remain there until the result of the vote has been declared by the Chair. During such time no Member shall walk across the room or speak to any other Member or make any noise or disturbance.
b) After a question is finally put by the Chair or Member, 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.
c) Every Member present at a meeting of the Council or Advisory Body, when a question is put, shall vote thereon, unless they have declared any pecuniary interest, direct or indirect in the question.
d) The manner of determining the decision of the Council or Advisory Body on a motion shall be by a "show of hands".
e) Any motion shall require a majority of votes of the quorum present in order to be valid and binding on the Council or Advisory Body, unless otherwise set out in this By-law or in any Act.
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11.4 Failure to Vote
Failure to vote by any Member present, except when a Member has declared a pecuniary interest, shall be taken as a negative vote.
11.5 Appeal of Declaration of Result
If a Member who has voted on a question disagrees with the declaration of the Chair that the question is carried, or lost, they may, but only immediately after the declaration by the Chair, appeal the declaration. On an appeal of the declaration by a Member, the Chair shall call for a Recorded Vote to be taken on the question in the manner prescribed in Section 11.7 of this By-law.
11.6 Equality of Votes
Where a vote on a question results in an equality of votes, the result shall be deemed to be negative.
11.7 Recorded Vote
a) When a Member present requests, immediately prior to or immediately subsequent to the taking of the vote, that the vote be recorded, each Member present, except a Member who is disqualified from voting by any Act, shall announce their vote openly.
b) The Chair, immediately following the request for a Recorded Vote, will put the question again.
c) All Members present at the Council or Advisory Body Meeting, unless disqualified from voting by any Act, must vote in alphabetical order, beginning with the Member who has requested the Recorded Vote. The Clerk shall call each Member individually, record the Member's vote, and report the result of the vote to the Chair.
d) The Chair shall vote last.
11.8 Voting — Closed Session Meeting
a) Subject to Section 11.3, a meeting shall not be closed to the public during the taking of a vote.
b) Notwithstanding Section 11.3, a meeting may be closed to the public during the taking of a vote where:
i) Section 6.2 permits a meeting to be closed to the public; and
ii) The vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Municipality or persons retained by or under contract with the Municipality.
11.9 Voting — 2/3 Vote Calculation
d) When a 2/3 vote is required, the following table sets out the number of votes required to meet the 2/3 requirement:
# Members Present # Votes Required for 2/3 vote 7 5 6 4 5 4 4 3
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12.0 Motions/Recommendations
12.1 Motions/Recommendations — General
a) Motions/recommendations, or notices thereof, shall be moved and seconded.
b) Every motion/recommendation, when duly moved and seconded, shall be received by the Chair, and shall then be open for discussion prior to the vote being taken. Immediately preceding the taking of the vote, the Chair, may state the question in the form introduced and shall do so if required by a Member. They shall state the question in the precise form in which it will be recorded in the minutes.
c) The following matters may be introduced orally, without written notice, and without leave:
(i) a point of order or personal privilege (ii) presentations of petitions (iii) a motion to suspend a rule of procedure or in compliance with a rule of procedure (iv) a motion to adjourn (not debatable) (v) a motion that the vote now be taken (vi) a "friendly" amendment (vii) a motion to defer shall not be considered until every Member who desires to speak has spoken.
The Chair has the discretion to request that a friendly amendment to a motion be in writing and signed by the mover and seconder.
d) When the motion, under consideration, concerns two or more matters, a vote on each matter, upon the request of any Member, may be taken separately.
e) A motion in respect of a matter which is beyond the jurisdiction of Council shall not be in order.
0 A Member shall speak to a motion in accordance with Section 9.3 — Rules of Debate — In Council/Advisory Body.
12.2 Withdrawal of a Motion
After a motion has been received and/or read by the Chair, it shall be deemed to be in the possession of the Council or Advisory Body but may be withdrawn by the mover, with the consent of the seconder, prior to amendment or voting thereon.
12.3 Motion to Amend
A motion to amend:
a) shall be relevant to the question to be received.
b) shall not be received proposing a direct negative to the question.
c) shall receive disposition of Council or Advisory Body prior to a decision on the main question.
d) shall be disposed of in the reverse order of presentation to any further amendment and/or the original motion.
e) shall not be further amended, more than once, provided that further amendment may be made to the original motion.
.0 may propose a separate and distinct disposition of a question.
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12.4 Motion to Reconsider
After any question has been decided, the following shall prevail:
a) A motion to reconsider a question can only be made by a Member who voted on the prevailing side, or a Member who was absent from the meeting when the question was considered, and must be made on the day the vote was taken or at the next succeeding regular meeting of Council.
b) No discussion, except that obtaining information that justifies the reconsideration, shall be allowed until the motion for reconsideration is decided upon.
c) No main motion may be reconsidered more than once, and may only be reconsidered if action has not yet been taken.
13.0 Agendas
13.1 Council Agenda
a) The Clerk shall forward all notices and Agendas, to each Member of Council, for regular meetings of Council a minimum of three (3) calendar days in advance of such meetings.
b) Notwithstanding the Order of the Day for a regularly scheduled Council meeting, the Clerk may publish an Agenda with such section headings as may be required and listing all matters to be considered.
c) In accordance with the Municipality's Accountability and Transparency Policy, and to protect the public interest and ensure equitable treatment of all citizens, additions to the Agenda shall not be permitted, except when a matter is of a time-sensitive nature. In the event of a matter of a time- sensitive nature, the Member shall provide the matter to the Clerk, along with justification as to why the matter is of a time-sensitive nature, by noon on the day of an evening meeting or noon of the day prior to a day meeting. If the Clerk, Head of Council and Chief Administrative Officer are satisfied that the matter is of a time-sensitive nature, and should not wait until the next regular meeting, the Clerk shall add the matter to the Agenda on the Municipality's website in advance of the meeting. The matter will then be included in the Adoption of the Agenda motion.
d) For the purpose of this section, a matter is deemed to be of a time sensitive nature when it will negatively impact the health, safety and well- being of persons, expose the Municipality to liability, or negatively impact the Municipality's position in negotiation, if Council does not make a decision and the Municipality does not act on the matter prior to Council's next regular meeting.
e) When the Clerk's office has not been advised in a timely fashion to permit a matter to be included on the Agenda, and such matter does not meet the definition of a matter of a time-sensitive nature as defined in Section 13.1 d), the matter shall be referred to the appropriate staff member for consideration prior to being brought forward for Council's consideration.
Notwithstanding that additions to the Agenda shall not be permitted, except as noted in this section, written comments related to an Agenda item may be added to an Agenda when the comments are received by the Clerk's office by 3:00 p.m. on the business day prior to the scheduled meeting. For written comments received by the deadline, the Clerk shall add the appropriate correspondence to the Agenda on the Municipality's website in advance of the meeting. The correspondence will be included and received in the Adoption of the Agenda motion. Any written comment received after the deadline will not be added to the Agenda and will be filed accordingly. Any information contained in a written submission, including contact information, will become part of the public record.
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