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HomeMy WebLinkAboutMarch 23, 2020 - Special Council Meetingfr' ;' l �.�.1� <;� 1 ���� �� �� Special Council Meeting Agenda March 23, 2020 Main Committee Room 2:00 pm An In Camera meeting of Council has been scheduled in accordance with the provisions of Section 239 (2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to: 1 2 b) personal matters about an identifiable individual, including municipal or local board employees; c) a proposed or pending acquisition or disposition of land by the municipality or local board; f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, k) 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. Disclosure of Interest In Camera Matters 2.1 2.2 2.3 Verbal Update from the CAO and City Solicitor Re: Update on Land Purchase with 10 within the Innovation Corridor Verbal Update from the City Solicitor and Deputy Mayor Re: City Centre Project Agreements Verbal Update from the Director, Human Resources and Deputy Mayor Re: Personal Matter 3. By-laws 4 5 3.1 By-law 7749/20 Being a By-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings Confirmation By-law Adjournment For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Page 1 ��:� ��. f'1�l�� f�l N� To: From Copy Mayor Ryan Members of Council Susan Cassel City Clerk CAO Memo March 20, 2020 Subject: Amendments to Procedure By-law 7665/18 to Provide for Electronic Participation During a Declared Emergency File: A-1440 Further to recent amendments to the Municipal Act, through the enactment of Bill 187, the Municipal Emergency Act, 2020, municipal councils may now include provisions within their Procedure By-laws to allow electronic participation during an emergency declared under the Emergency Management and Civil Protection Act. The effect of this legislation is to provide municipalities with the tools they need to ensure local decision making by municipal councils is not affected by existing quorum requirements during emergencies, such as the one we are currently facing with the COVID-19 Pandemic. The amendments allow Members of Council who participate in open and closed meetings electronically, to be counted for the purposes of quorum, during emergencies declared by the Province or local Head of Council. These provisions are optional, and municipalities have the flexibility to determine if they wish to incorporate and implement them in their individual procedure by-laws. Should Council adopt amendments to the Procedure By-law to allow electronic participation, it is important to note that the provisions are only in effect during an emergency that has been declared by the Premier, Cabinet or the municipal Head of Council under Section 4 or 7.0.1 of the Emergency Management and Civil Protection Act. Once the emergency has ended, regular meeting rules apply. There are no specific requirements for what type of technology must be used for electronic participation and this will likely evolve over time as we look into what options may be available. For the time being, and for immediate use during the COVID-19 Pandemic, the use of phones may be the most efficient means to accomplish this. Staff will continue to explore other potential solutions so that we can provide the best platform to ensure efficient and effective meetings when these provisions are being used. It is important to note that despite the new electronic participation rules that apply during a declared emergency, the provisions in the Municipal Act pertaining to open meetings also still apply during that time. Open meetings ensure that most municipal business is conducted transparently, and with access for and in view of the public. Given the unprecedented times we - 1 - are facing and the order of the Premier to limit social gatherings, City Hall has been closed to the public and we are providing opportunity for the public to engage and remain connected to Council decision making through the ability to view video recordings of ineetings. That being said, video is only recorded for meetings that are held in the Council Chambers and electronic participation in the Council Chambers is limited with the current technology. To that end, Council should be cognizant of the business being conducted during an emergency and is it recommended that only critical business matters are considered and decided and that `usual' items of business that would normally include participation from the public should be held off until such time that normal meetings can resume. The legislated requirements relating to providing notice of ineetings to the public, maintaining meeting minutes, and subject to certain exceptions, that meetings continue to be open to the public, all remain in effect during a declared emergency. This provides further justification for limiting the number of ineetings and the business matters being discussed during a time when the public cannot actively participate. Attached is a draft by-law for Council's consideration to give effect to electronic participation during a declared emergency. As noted above, these provisions are optional and their determined use is at the will of Council. Given the uncertainty and unprecedented times we have experienced with COVID-19, adopting these provisions into the Procedure By-law is recommended to provide the flexibility for Council to meet in this manner as needed. Attachment Draft By-law to Amend Procedure By-law 7665/18 March 20, 2020 Page 2 of 2 Amendments to Procedure By-law 7665/18 to Provide for Electronic Participation During a Declared Emergency - 2 - The Corporation of the City of Pickering By-law No. 7749/20 Being a By-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of ineetings Whereas on Tuesday, March 17, 2020, the Premier of Ontario declared a Provincial Emergency in accordance with the Provisions of the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9; And Whereas subsequent to the declaration, the Legislature of the Province of Ontario introduced Bill 187, an Act to amend the Municipal Act, 2001, S.O. 2001, c. 25, being the Municipal Emergency Act, 2020 which received Royal Assent on March 19, 2020 And Whereas the Municipal Emergency Act, 2020 provides for municipal councils to participate electronically during any period where an emergency has been declared to exist in all or part of the municipality under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act; And Whereas in order to be able to implement these provisions, the Council must amend Procedure By-law 7665/18; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: That the following be added as a new section 09 and the remaining sections of the By- law renumbered accordingly: 09 Electronic Participation during a Declared Emergency 09.01 Notwithstanding the provisions of this Procedure By-law and Sections 238 (3.1) and (3.2) of the Municipal Act, 2001, S.O. 2001, c. 25, during any period where an emergency has been declared to exist in all or part of the municipality, under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, a Member of Council may participate electronically in a Meeting that is either open or closed to the public and in doing so may be counted in determining whether or not a quorum of inembers is present at any point in time. 09.02 Electronic meetings are those held by means of telecommunications instruments including but not limited to telephones, video conferencing, computers with internet access and conferencing programming. - 3 - By-law No. 7749/20 Page 2 09.03 Members must provide sufficient notice to the Clerk of their intent to participate electronically in a Meeting to ensure the proper technology is enabled to make electronic participation available. 09.04 In the event that members of the public are not permitted to attend a Meeting due to the emergency and electronic participation of the public cannot be facilitated, the public will be requested to provide their comments in writing to the Clerk prior to the meeting. 09.05 Subject to section 09.01 and 09.02, all other provisions of this by-law continue to apply and the Chair shall determine and maintain order as needed. By-law passed this 23rd day of March, 2020. Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk - 4 -