Loading...
HomeMy WebLinkAboutApril 02, 2020 - Special CouncilTHE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM SPECIAL COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, April 2 , 2020 6:30 p.m. Pursuant to Section 4.4.3(a) of Procedural By-law No. 2018-005 the nature of the business to be discussed at the April 2, 2020 Special Meeting of Council pertains to business continuity considerations including delegation of authority and procedural by-law amendments. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. FINANCE AND ADMINISTRATION 4.1 Reports to Council A. Report CAO-14/20 by Paul Shipway, CAO|Clerk re Delegation of Authority By-law B. Report CAO-15/20 by Paul Shipway, CAO|Clerk re Procedural By-law Amendment 5. BY-LAWS A. By-Law No. 2020-024 Being a by-law to authorize the delegation of authority during a declared state of emergency – COVID-19 (This by-law follows the recommendation in Report CAO-14/20 by Paul Shipway, CAO|Clerk during the special meeting of April 2, 2020) B. By-Law No. 2020-025 Being a by-law to amend Procedural By-law No. 2018-005 (This by-law follows the recommendation in Report CAO-15/20 by Paul Shipway, CAO|Clerk during the special meeting of April 2, 2020) 6. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-026 Being a by-law to confirm all actions of Council 7. ADJOURNMENT REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: April 2, 2020 REPORT: CAO-14/20 SUBJECT: DELEGATION OF AUTHORITY BY-LAW BACKGROUND On March 17, 2020, the Lieutenant Governor of Ontario, at the recommendation of the Premier, declared that a state of emergency exists throughout the Province of Ontario relating to the COVID-19 pandemic. On March 21, 2020, and pursuant to Section 4(1) of the Emergency Management and Civil Protection Act, the Mayor of the Corporation of the Municipality of Bayham declared that a state of emergency also exists within the Municipality of Bayham relating to the said COVID-19 pandemic. DISCUSSION Section 270 of the Municipal Act, 2001, S.O. 2001, Chapter 25 provides that a municipality may delegate its powers and duties to a person or body subject to the restrictions set out in the Act. To help protect the health and safety of the residents of the Municipality of Bayham during the COVID-19 pandemic, the Municipality has suspended and/or restricted normal operations of several municipal programs and facilities. The purpose of By-law No. 2020 -024 is to allow Council to delegate temporarily its authority and powers to make decisions by elected Council to a body comprised of the Mayor and the CAO|Clerk, subject to restrictions prescribed by the Municipal Act, 2001 and the provisions in the By-law. In the event that Council is unable to act due to the current COVID-19 outbreak, the COVID-19 Delegation By-law will be critical to ensure continuity of service. RE COMMENDATION 1.THAT Report CAO-14/20 re Delegation of Authority By-law be received for information; 2.AND THAT staff be directed to bring forward a Delegation of Authority By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-024 BEING A BY -LAW AUTHORIZING THE DELEGATION OF AUTHORITY DURING A DECLARED STATE OF EMERGENCY WHEREAS on March 17, 2020, and pursuant to section 7.0.1(b) of the Emergency Management and Civil Protection Act, the Lieutenant Governor of Ontario, at the recommendation of the Premier, declared that a state of emergency exists throughout the Province of Ontario relating to the COVID-19 pandemic; AND WHEREAS on March 21, 2020, and pursuant to section 4(1) of the Emergency Management and Civil Protection Act, the Mayor of the Corporation of the Municipality of Bayham declared that a state of emergency also exists in the Municipality of Bayham relating to the said COVID-19 pandemic; AND WHEREAS to help protect the health and safety of the residents of the Municipality of Bayham during the said COVID-19 pandemic, the Corporation of the Municipality of Bayham has suspended and/or restricted normal operations of several municipal programs and facilities as well as postponing and/or canceling non -essential public meetings; AND WHEREAS Council of the Corporation of the Municipality of Bayham is generally required to conduct its business in Meetings that are open to the public; AND WHEREAS, during the current state of emergency and in circumstances in which a quorum cannot be formed during a Meeting of Council, Council of the Co rporation of the Municipality of Bayham considers it to be in the best interests of the said Municipality and its residents to delegate temporarily its authority and powers to make decisions by its elected Council to a body comprised of specified members of Council and senior administration of the Corporation, subject to restrictions prescribed by the Municipal Act, 2001 and the provisions of this By-law. NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: Short Title 1. This By-law may be referred to as the “COVID-19 Delegation By-law”. Interpretation 2. Unless otherwise stated: (a) a reference to a statute or regulation refers to a statute or regulation of the Province of Ontario; (b) a reference to a statute, regulation, or by-law refers to that enactment as it may be amended or replaced from time to time; and, (c) a reference to a section, paragraph, clause, or schedule is a reference to a section, paragraph, clause, or schedule of this By-law. 3. The headings in this By-law are for convenience only and do not form part of this By-law. 4. If any part of this By-law is determined to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid. 5. The delegations of authority by this By-law are in addition to delegations of authority established by other Municipality of Bayham By-laws and otherwise at law. In the event of any inconsistency between this By-law and any other Municipality of Bayham By-Law, then the provision that more effectively delegates authority prevails to the extent of the inconsistency. 6. This By-law applies retrospectively to matters that were pending for a determination by Council prior to the enactment of this By-law. 7. In this By-law: (a) “By-law” means this By-law. (b) “CAO” means the Chief Administrative Officer/Clerk appointed by the Municipality. (c) “Council” means the Council of the Corporation of the Municipality of Bayham. (d) “Delegated Authority Body” means a body comprised of the following individuals: (1) Mayor, or designate (2) CAO, or designate (e) “Mayor”, means the Mayor for the Corporation of the Municipality of Bayham. (f) “Member” means a member of the Delegated Authority Body. (g) “Municipality” means the Corporation of the Municipality of Bayham or the geographic area of the Municipality of Bayham, as the context requires. Implementation 8. The delegation of powers contemplated hereunder shall take effect and be implemented only if and when Council cannot form a quorum of Members for any Meeting of Council by any procedure contemplated by By-law No. 2018-005 (Procedural By-Law) and shall remain in effect and implemented until the next Meeting of Council at which a quorum can be formed. Delegation of Authority 9. Council hereby delegates its authority and powers under all provincial statutes and regulations to the Delegated Authority Body, subject to the restrictions established by Part II of the Municipal Act, 2001 and by this By-law. 10. Where the Delegated Authority Body cannot unanimously agree the decision of the Mayor shall be final. 11. Any exercise of authority delegated pursuant to this By-law that contemplates a payment of money by the Municipality is subject to the availability of an Approved Budget that can accommodate that payment. Repeal 12. This By-Law shall be automatically repealed upon the termination of the Declaration of a State of Emergency by the Province of Ontario as dated March 17, 2020, including any extension or replacement thereof, and the Declaration of a State of Emergency by the Mayor of the Municipality of Bayham as dated March 21, 2020, including any extension or replacement thereof, whichever is later. Effective Date 13. This By-law comes into force and is effective on the date of its passing. READ A FIRST, SECOND, AND THIRD TIME and finally passed this 2nd day of April, 2020 ______________________________ _____________________________ MAYOR CLERK REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: April 2, 2020 REPORT: CAO-15/20 SUBJECT: PROCEDURAL BY-LAW AMENDMENT BACKGROUND On March 19, 2020, Bill 187, Municipal Emergency Act, 2020 received Royal Assent. The Act amends the Municipal Act, 2001 to provide that, during emergencies declared locally or provincially under the Emergency Management and Civil Protection Act, should they choose to, members of councils, local boards and committees who participate electronically in open and closed meetings may be counted for purposes of quorum. DISCUSSION Attached hereto as Appendix ‘A’ is a draft version of By-law No. 2020-025, being a By-law to Amend the Procedural By-law to permit electronic participation in Council meetings during a declared emergency. The Government of Ontario’s response to COVID-19 through Bill 187 will help communities across the province respond to this crisis by allowing councils to conduct meetings remotely. These changes empower municipalities to respond quickly and continue to function when in- person meetings cannot be held and council decisions need to be made for the purposes of business continuity. RECOMMENDATION 1.THAT Report CAO-15/20 re Procedural By-law Amendment be received for information; 2.AND THAT staff be directed to bring forward a Procedural By-law Amendment By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020 -025 BEING A BY -LAW TO AMEND BY-LAW NO. 2018 -005 THE PROCEDURAL BY-LAW WHEREAS the Municipal Act, 2001, S.O. 2001, c. M. 46, as amended (“Act”), and in particular Section 238 thereof, requires a municipal corporation to enact a procedure by-law governing, among other things, the calling, place, and proceedings of meetings of its Council; AND WHEREAS Council for the Corporation of the Municipality of Bayham previously enacted By-law No. 2018-005, referred to as the Procedural By-law, to satisfy the said requirement of the Act; AND WHEREAS the Act has been amended to permit a procedural by-law of a municipal corporation to provide for specific changes to rules and regulations relating to electronic participation of Members of Council in a Meeting of Council during any period where an emergency has been declared to exist in all or any part of the municipality pursuant to sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act. NOW THEREFORE, the Corporation of the Municipality of Bayham, by its Council, hereby enacts as follows: 1. By-law No. 2018-005, and in particular Section 6 thereof, shall be amended by adding Section 6.15 as follows: Section 6.15 - Electronic Participation - Declared State of Emergency 6.15.1 Notwithstanding that set forth in Section 6, during any period in which an emergency has been declared to exist in all or part of the territorial limits of the Municipality of Bayham pursuant to either section 4 or 7.0.1 of the Emergency Management and Civil Protection Act, the following rules and regulations for electronic participation in a Council Meeting shall apply: a) A Member who is unable to attend a Council Meeting in person may participate in that Meeting by electronic or other communication facilities if the facilities enable all participating Members, whether attending in person or through electronic participation, to hear and be heard by all other Members. b) Except for all or any part of the Council Meeting that is closed to the public, the electronic or other facilities are capable of and enable the public to hear, or watch and hear, all Members participating in the Meeting. c) A Member who intends to participate in any such Meeting of Council by electronic or other communication facilities shall give to the Clerk Notice of that intention at least 24 hours prior to the commencement of such Meeting, provided that, if Notice of such Meeting is provided less than 24 hours prior to its scheduled commencement, then the Member shall give to the Clerk as much notice as possible prior to commencement of such Meeting. In all such circumstances, the Clerk will, as soon as reasonably possible, provide the Member intending to attend by electronic participation with instructions on how to connect to and participate in that Meeting by electronic or other communication facilities. d) There shall be no limit upon the number of Members who may attend a Meeting of Council by electronic or other communication facilities. e) The Mayor (or designate), as Chair, shall lead the Meeting and be present from a designated meeting location supported by the CAO (or designate), where possible. f) Each Member attending the Meeting by electronic or other communication facilities shall notify the Chair and other Members when he or she joins the Meeting and, if and when applicable, upon leaving the Meeting. g) Any Member attending and present during a Meeting by electronic or other communication facilities shall be counted for purposes of quorum at the commencement of and at any point in time during the Meeting. h) Any Member attending and present during a Meeting by electronic or other communication facilities may participate in all aspects of the Meeting as if present in person, including but not limited to debate, questioning, presentation of motion, and/or voting. i) During the course of a Meeting within which any Member is participating by electronic or other communication facilities, the Chair (or designate) shall announce each agenda item on the floor of the Meeting and shall thereafter maintain an orderly meeting process, including keeping Members fully informed. j) Any Member attending and present during a Meeting by electronic or other communication facilities may vote on any matter being considered in such Meeting and that vote shall be counted and, as set forth below, duly recorded. k) During the course of each vote conducted within such Meeting: i. All votes shall be a recorded vote conducted by the Clerk, as directed by the Chair, unless Council decides otherwise. ii. The Clerk shall call the name of each Member to vote and shall thereafter record such indicated vote of that Member as “yes” or “no’. iii. If the Member, whether present in person or electronically and after two attempts, fails to respond to the call of his or her name, then the vote is recorded as “no”, unless directed otherwise by the Chair. iv. The Clerk shall announce the results of the vote to the Chair and Council, including announcement of the specific vote of each Member as either “yes” or “no”. l) During the course of the Meeting: i. Each Member shall remain silent and attentive to the proceeding when not assigned to the floor by the Chair. ii. Each Member shall listen for their name to be assigned to the floor to speak or to vote. iii. All Members shall take and abide by the directions of the Chair in order to facilitate an effective, efficient, and orderly Meeting. m. The above rules and practices shall apply to all sessions of the Meeting, whether open or closed to the public. 2. This By-Law is enacted at a special meeting held in accordance with section 238(3.4) of the Municipal Act, 2001, as amended, and shall come into effect as of the date and time of its passing. READ A FIRST, SECOND, AND THIRD TIME and finally passed this 2nd day of April, 2020 ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-024 BEING A BY -LAW AUTHORIZING THE DELEGATION OF AUTHORITY DURING A DECLARED STATE OF EMERGENCY WHEREAS on March 17, 2020, and pursuant to section 7.0.1(b) of the Emergency Management and Civil Protection Act, the Lieutenant Governor of Ontario, at the recommendation of the Premier, declared that a state of emergency exists throughout the Province of Ontario relating to the COVID-19 pandemic; AND WHEREAS on March 21, 2020, and pursuant to section 4(1) of the Emergency Management and Civil Protection Act, the Mayor of the Corporation of the Municipality of Bayham declared that a state of emergency also exists in the Municipality of Bayham relating to the said COVID-19 pandemic; AND WHEREAS to help protect the health and safety of the residents of the Municipality of Bayham during the said COVID-19 pandemic, the Corporation of the Municipality of Bayham has suspended and/or restricted normal operations of several municipal programs and facilities as well as postponing and/or canceling non -essential public meetings; AND WHEREAS Council of the Corporation of the Municipality of Bayham is generally required to conduct its business in Meetings that are open to the public; AND WHEREAS, during the current state of emergency and in circumstances in which a quorum cannot be formed during a Meeting of Council, Council of the Co rporation of the Municipality of Bayham considers it to be in the best interests of the said Municipality and its residents to delegate temporarily its authority and powers to make decisions by its elected Council to a body comprised of specified members of Council and senior administration of the Corporation, subject to restrictions prescribed by the Municipal Act, 2001 and the provisions of this By-law. NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: Short Title 1. This By-law may be referred to as the “COVID-19 Delegation By-law”. Interpretation 2. Unless otherwise stated: (a) a reference to a statute or regulation refers to a statute or regulation of the Province of Ontario; (b) a reference to a statute, regulation, or by-law refers to that enactment as it may be amended or replaced from time to time; and, (c) a reference to a section, paragraph, clause, or schedule is a reference to a section, paragraph, clause, or schedule of this By-law. 3. The headings in this By-law are for convenience only and do not form part of this By-law. 4. If any part of this By-law is determined to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid. 5. The delegations of authority by this By-law are in addition to delegations of authority established by other Municipality of Bayham By-laws and otherwise at law. In the event of any inconsistency between this By-law and any other Municipality of Bayham By-Law, then the provision that more effectively delegates authority prevails to the extent of the inconsistency. 6. This By-law applies retrospectively to matters that were pending for a determination by Council prior to the enactment of this By-law. 7. In this By-law: (a) “By-law” means this By-law. (b) “CAO” means the Chief Administrative Officer/Clerk appointed by the Municipality. (c) “Council” means the Council of the Corporation of the Municipality of Bayham. (d) “Delegated Authority Body” means a body comprised of the following individuals: (1) Mayor, or designate (2) CAO, or designate (e) “Mayor”, means the Mayor for the Corporation of the Municipality of Bayham. (f) “Member” means a member of the Delegated Authority Body. (g) “Municipality” means the Corporation of the Municipality of Bayham or the geographic area of the Municipality of Bayham, as the context requires. Implementation 8. The delegation of powers contemplated hereunder shall take effect and be implemented only if and when Council cannot form a quorum of Members for any Meeting of Council by any procedure contemplated by By-law No. 2018-005 (Procedural By-Law) and shall remain in effect and implemented until the next Meeting of Council at which a quorum can be formed. Delegation of Authority 9. Council hereby delegates its authority and powers under all provincial statutes and regulations to the Delegated Authority Body, subject to the restrictions established by Part II of the Municipal Act, 2001 and by this By-law. 10. Where the Delegated Authority Body cannot unanimously agree the decision of the Mayor shall be final. 11. Any exercise of authority delegated pursuant to this By-law that contemplates a payment of money by the Municipality is subject to the availability of an Approved Budget that can accommodate that payment. Repeal 12. This By-Law shall be automatically repealed upon the termination of the Declaration of a State of Emergency by the Province of Ontario as dated March 17, 2020, including any extension or replacement thereof, and the Declaration of a State of Emergency by the Mayor of the Municipality of Bayham as dated March 21, 2020, including any extension or replacement thereof, whichever is later. Effective Date 13. This By-law comes into force and is effective on the date of its passing. READ A FIRST, SECOND, AND THIRD TIME and finally passed this 2nd day of April, 2020 ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020 -025 BEING A BY-LAW TO AMEND BY-LAW NO. 2018-005 THE PROCEDURAL BY-LAW WHEREAS the Municipal Act, 2001, S.O. 2001, c. M. 46, as amended (“Act”), and in particular Section 238 thereof, requires a municipal corporation to enact a procedure by-law governing, among other things, the calling, place, and proceedings of meetings of its Council; AND WHEREAS Council for the Corporation of the Municipality of Bayham previously enacted By-law No. 2018-005, referred to as the Procedural By-law, to satisfy the said requirement of the Act; AND WHEREAS the Act has been amended to permit a procedural by-law of a municipal corporation to provide for specific changes to rules and regulations relating to electronic participation of Members of Council in a Meeting of Council during any period where an emergency has been declared to exist in all or any part of the municipality pursuant to sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act. NOW THEREFORE, the Corporation of the Municipality of Bayham, by its Council, hereby enacts as follows: 1. By-law No. 2018-005, and in particular Section 6 thereof, shall be amended by adding Section 6.15 as follows: Section 6.15 - Electronic Participation - Declared State of Emergency 6.15.1 Notwithstanding that set forth in Section 6, during any period in which an emergency has been declared to exist in all or part of the territorial limits of the Municipality of Bayham pursuant to either section 4 or 7.0.1 of the Emergency Management and Civil Protection Act, the following rules and regulations for electronic participation in a Council Meeting shall apply: a) A Member who is unable to attend a Council Meeting in person may participate in that Meeting by electronic or other communication facilities if the facilities enable all participating Members, whether attending in person or through electronic participation, to hear and be heard by all other Members. b) Except for all or any part of the Council Meeting that is closed to the public, the electronic or other facilities are capable of and enable the public to hear, or watch and hear, all Members participating in the Meeting. c) A Member who intends to participate in any such Meeting of Council by electronic or other communication facilities shall give to the Clerk Notice of that intention at least 24 hours prior to the commencement of such Meeting, provided that, if Notice of such Meeting is provided less than 24 hours prior to its scheduled commencement, then the Member shall give to the Clerk as much notice as possible prior to commencement of such Meeting. In all such circumstances, the Clerk will, as soon as reasonably possible, provide the Member intending to attend by electronic participation with instructions on how to connect to and participate in that Meeting by electronic or other communication facilities. d) There shall be no limit upon the number of Members who may attend a Meeting of Council by electronic or other communication facilities. e) The Mayor (or designate), as Chair, shall lead the Meeting and be present from a designated meeting location supported by the CAO (or designate), where possible. f) Each Member attending the Meeting by electronic or other communication facilities shall notify the Chair and other Members when he or she joins the Meeting and, if and when applicable, upon leaving the Meeting. g) Any Member attending and present during a Meeting by electronic or other communication facilities shall be counted for purposes of quorum at the commencement of and at any point in time during the Meeting. h) Any Member attending and present during a Meeting by electronic or other communication facilities may participate in all aspects of the Meeting as if present in person, including but not limited to debate, questioning, presentation of motion, and/or voting. i) During the course of a Meeting within which any Member is participating by electronic or other communication facilities, the Chair (or designate) shall announce each agenda item on the floor of the Meeting and shall thereafter maintain an orderly meeting process, including keeping Members fully informed. j) Any Member attending and present during a Meeting by electronic or other communication facilities may vote on any matter being considered in such Meeting and that vote shall be counted and, as set forth below, duly recorded. k) During the course of each vote conducted within such Meeting: i. All votes shall be a recorded vote conducted by the Clerk, as directed by the Chair, unless Council decides otherwise. ii. The Clerk shall call the name of each Member to vote and shall thereafter record such indicated vote of that Member as “yes” or “no’. iii. If the Member, whether present in person or electronically and after two attempts, fails to respond to the call of his or her name, then the vote is recorded as “no”, unless directed otherwise by the Chair. iv. The Clerk shall announce the results of the vote to the Chair and Council, including announcement of the specific vote of each Member as either “yes” or “no”. l) During the course of the Meeting: i. Each Member shall remain silent and attentive to the proceeding when not assigned to the floor by the Chair. ii. Each Member shall listen for their name to be assigned to the floor to speak or to vote. iii. All Members shall take and abide by the directions of the Chair in order to facilitate an effective, efficient, and orderly Meeting. m. The above rules and practices shall apply to all sessions of the Meeting, whether open or closed to the public. 2. This By-Law is enacted at a special meeting held in accordance with section 238(3.4) of the Municipal Act, 2001, as amended, and shall come into effect as of the date and time of its passing. READ A FIRST, SECOND, AND THIRD TIME and finally passed this 2nd day of April, 2020 ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-026 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE SPECIAL COUNCIL MEETING HELD APRIL 2, 2020 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Special Council meeting held April 2, 2020 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 2nd day of April , 2020. ____________________________ _____________________________ MAYOR CLERK