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HomeMy WebLinkAboutCLK 03-19-C~of- PJ(KERJNG From: Paul Bigioni Director, Corporate Services & City Solicitor Report to Executive Committee Report Number: CLK 03-19 Date: March 4, 2019 Subject: Boards and Advisory Committees of Council Policy and Terms of Reference Updates -File: A-1410-19 Recommendation: 1. That Report CLK 03-19 pertaining to updates to Boards and Committees Policy ADM 040 and the Terms of Reference for Pickering Boards and Committees of Council be received; 2. That the changes to Policy ADM 040 included as Attachment #1 to CLK 03-19 be approved; 3. That the list of Boards and Committees and their respective Terms of Reference included as Attachment #2 to CLK 03-19 be approved; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The Municipal Act, 2001 authorizes municipalities to create various advisory boards and committees to assist Council on specific matters. Section 04.07 of the City's Procedure By-law requires that at the beginning of each term of Council, a review of the City's Boards and Committees Terms of Reference is conducted. As part of this review, the Boards and Advisory Committees of Council Policy ADM 040 was also reviewed and updated and is presented to Council for consideration and approval. Financial Implications: There are no financial implications with this report. Discussion: The City Clerk and staff in Legislative Services met with the staff liaisons for the City's Advisory Boards and Committees to discuss their Committee's Terms of Reference and the overriding Boards and Advisory Committees of Council Policy ADM 040. Staff liaisons were requested to present the Terms of Reference to their Committees at their first meetings of 2019 (when possible) and provide any updates and/or feedback. Feedback was also solicited regarding any changes that might be required to Policy ADM 040. Changes to the Policy and individual Board/Committee Terms of Reference have been included with tracked and/or highlighted changes as Attachment Nos.1 and 2 to this Report. All of the proposed changes are a result of suggestions from the Board/Committee or staff liaison to better CLK 03-19 March 4, 2019 Subject: Boards and Advisory Committees of Council Policy and Terms of Reference Updates Page 2 reflect their current functions. The Library changes have been included to align with the Library Board By-law. It should be noted that the Terms of Reference for the Pickering Museum Village Advisory Committee have not been included as Staff have been directed to report back to Council on the Museum Advisory Committee at the Council meeting to be held on March 25, 2019. In addition to the changes reflected in Attachment Nos. 1 and 2, the following provides an overview summary of the proposed changes to the Policy and Terms of Reference: Summary of Policy Changes: The changes to the Policy focused on: • housekeeping items to maintain language consistency with recent amendments to the Municipal Act and Procedure By-law; • the addition of definitions; • updates to some of the terminology in the Policy; • the rearranging of various sections to eliminate duplication and provide an easier flow of information; • clarity around staff's roles in the solicitation and recruitment process for Boards and Committees; and, • the information provided to Committees as part of their orientation. The Policy updates are reflective of the practices currently undertaken by City Staff. Summary of Changes to Terms of Reference: Accessibility Advisory Committee: Section 2.0 -the word 'Council' changed to 'City' to better reflect responsibilities. Animal Services Committee: No Changes Committee of Adjustment: Section 1.0 -Update to the Committee's mandate to better reflect their responsibilities under the Planning Act; Section 2.0 -addition of conducting site inspections; CORP0227-07/01 revised CLK 03-19 March 4, 2019 Subject: Boards and Advisory Committees of Council Policy and Terms of Reference Updates Page 3 Section 5.0 -updates to the meeting schedule; number of applications considered at a meeting; clarification of the purpose and process surrounding the 6:30 pm 'pre-meeting'; and other minor wording updates; Section 6.0 -updated by-law reference for honorarium and mileage rates. Cultural Advisory Committee: Section 2.0 -updated wording to include 'and/or the Coordinator, Cultural Services'; Section 3.0 -changes to composition from 10 to 12 members with 8 of those members representing related community organizations and updates to reflect current department names; Section 5.0 -updates to the wording surrounding the number of meetings held each year. Heritage Pickering Advisory Committee: No Changes Pickering Public Library Board: Change to reflect the legal name of the Library; Section 1.0 -Mandate changed to 'Enabling Legislation'; Section 4.0 and 5.0 -increase of Chair and Vice-Chair terms to 2 years; Section 7.0 -addition of description of Board Treasurer to coincide with Library Board By-law; Section 9.0 -revision of description of Library Staff to coincide with Library Board By-law; Section 11.0 -revised meeting scheduled to coincide with Library Board By-law; Section 12.0 -addition of Conflict of Interest wording to coincide with Library Board By-law. Property Review Committee: No Changes Site Plan Advisory Committee: Section 1.0 -updated mandate to coincide with By-law 7632/18 Section 3.0 -change from Senior Planner to 'Principal Planner' Taxicab Advisory Committee: CORP0227-07/01 revised CLK 03-19 Subject: Boards and Advisory Committees of Council Policy and Terms of Reference Updates I No Changes March 4, 2019 Page 4 Staff are seeking Council 's approval of the proposed changes to Policy ADM 040 and each Committee's Terms of Reference as noted in Attachment Nos. 1 and 2 to CLK 03-19. Attachments: 1. Draft Boards and Committees Policy ADM 040 with Tracked Changes 2. List of Boards and Committees and Terms of Reference with Tracked/Highlighted Changes Prepared By: Susan Cassel City Clerk SC:sc Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised ved/Endorsed By: .. ' orate Services & City Solicitor Attachment #1 to CLK 03-19 -Ci/J;of- p](KERJNG Policy Procedure Title: Boards & Advisory Committees of Council Policy Number ADM 040 Reference Date Originated (m/d/y) Date Revised (m/d/y) Pages Municipal Act November 10 , 2008 December 13, 2010 16§ Procedure By-law, as amended October 2012 Reso lution #165/10 December 15, 2014 Reso lut ion #301/14 March 4, 2019 Resolution #xxx/19 Approval: Chief Administrative Officer Point of Contact City Clerk Policy Objective The purpose of this pol icy is to identify a process for establishing Boards and Advisory Committees of Counci l, requirements for maintaining and supporting the ir work , and the coordination of the appointment and advertising process through the City Clerk . It excludes externa l bodies and local boards not established by Council and internal , working groups of an administrative nature. This policy supplements the City of Pickering 's Procedura l By-law which applies to all Boards and Advisory Committees, including staff liaisons . Index 01 Defin itions 02 Imp lementation Procedure -C lassification of Boards and Advisory Committees 03 Estab lishment of Boards and Advisory Committees 04 Relationsh ip between Advisory Committees and Council 05 Ongoing Review of Boards and Advisory Committees 06 Terms of Reference 07 Appo intment Process and Advertising for Board/Advisory Committee Members 08 Resignation/Dismissal Process 09 Absentee Requirements 10 Orientation Sess ions 11 Meeting Structure, Agenda and Minute Formats 12 Access to Meetings 13 Provision for Accessibility and Diversity 14 Pecuniary Interest 15 City Policies and Procedures 16 General Rules Governing Committees 01 Definitions 01.01 Advisory Committee means a committee created by Council to provide input advice and technical ex pertise on particular matters, acts as a vehicle for public consultation on issues of municipal interest and make recommendations to Council. 01 .02 City means the Corporation of the City of Pickering. 01.03 Council means the Council of the Corporation of the City of Pic kering. 01.04 Mandate means the statement that describes the advisory committee's purpose or responsibilities . 01.05 Member means a citizen member appointed by Council to a Board or Committee or a stakeholder member. 01.06 Quorum means the number of members required to be present at any meeting in order that business may be conducted . 01 .07 Staff Liaison means the staff member appointed to facilitate and provide guidance to the Advisory Committee or Board . 01.08 Task Forces means a committee established to assist in the short-term study and analysis of a specific matte r. Task Forces may include staff represe ntati on as well as representation from external bodies . 01 .09 Terms of Reference means the document that provides a general overview of the Advisory Committee or Board, the content of which is prescribed by this policy. G-+.-G-+O 1.10 Not applicable 02 Implementation Procedure -Classification of Boards and Advisory Committees 02.01 Where the municipality makes appointments to bodies of its own creation and to outside bodies when requested to do so, such appointments shall be citizen appointments, except in those situations where the municipa lity has a d irect Policy Title: Boards & Advisory Committees of Council Page 2 of 16 Policy Number: ADM 040 02.02 financial involvement, in which case Council shall determine whether or not it will appoint citizen and/or Coun c il Members to such bodies. Council, under certain circumstances , may deem it necessary for Council representation on some Boards and Advisory Committees. Boards and Advisory Committees may be either ongoing or a task force. Ongoing Boards and Committees provide recommendations, advice and information to Council on an ongoing basis on specific municipal matters that are set out in the Board/Committee's mandate and Terms of Reference. They include some of the following : a) Advisory -includes bodies authorized by Council to provide input on a discretionary basis and advice to Council on particular matters , or to undertake special projects as assigned . b) Mandatory -where a Provincial Statute prescribes the type of appointments to be made by the municipality to a given body . c) Local Boards -means a school board , municipal service board , transportation commission , public library board, board of health, police services board , 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 , including school purposes , of a muni cipality . d) External Bodies -separate special purpose bodies that have a substantial amount of authority over their own operations . e) Quasi-Judicial/Appeals Committee -hears and deals with appeals and/or minor variances to City By-laws. 02 .03 Task Forces assist in the short-term study and analysi s of a specific munici pal issue, as defined in Te rms of Reference and established by a confirming by-law . Task Forces may include staff representation as well as representation from external bodies . 03 Establishment of Boards and Advisory Committees 03.01 Boards and Advisory Committees are proposed by resolu ti on of Coun c il and established by a confirming by-law. Each resolution shall incorporate the Terms of Reference for the specific Board/Advisory Committee . Prior to Council's establishment of any Board or Advisory Committee , relevant director(s) shall submit a report to Council including the following information: a) inventory of previous and existing activities related to the matter, including public consultation initiatives ; b) suggested types of public consultation; c) Board/Advisory Committee Terms of Reference; Policy Title: · Boards & Advisory Committees of Council Page 3 of 16 Policy Number: ADM 040 d) membership composition and level of expertise or specialization required by Committee members for the selection process; and, e) orientation, training and facilitation needs . . 04 Relationship between Advisory Committees and Council 04.01 Advisory Committees are proposed by resolutions of Council and the Committees purpose is to assist Council by providing recommendations on specialized issues, on a policy and/or opetational level, as set out in mandate and specific, Council approved work plans. Advisory Committee members are appointed by Council, and serve at the pleasure of Counci l for a specified term, where statutory authority does not state otherwise. 04.02 The nature of Advisory Committee re com mendations to Council are purely advisory, and Council may approve, amend, refer or propose other reso lutions , as Council deems appropriate. Advisory Committees shall not reconsider, recommend or advise on a matter that has been decided by Council, unless directed by Council. Advisory Committee members(s) shall rely exclusively on the appointed sStaff Liaison support to communicate and dispense with recommendations and actions taken by Advisory Committees, and shall not intervene in the administrative practices of the City of Pickering. 04.03 Advisory Committees shall prepare an annual report to Council reviewing their goals, objectives and successes in relation to their work plan, and should may include a delegation to Co uncil. The substance of the report shall be prepared by the Advisory Committee members, with administrative assistance and policy advice given by City staff. 05 Ongoing Review of Boards and Advisory Committees 05.01 Early in each new Council term , Council shall review all Boards and Advisory Committees. The City Clerk in collaboration with the staff liaisons and the Senior Management Team shall review assist in this effort by providing an overview of all Boards/Advisory Committees , including , but not limited to the following: a) a list of Boards/Advisory Committees by name and type; b) summary of mandates, goals and objectives for each Board/Advisory Committee; c) achievements and challenges for each Board/Advisory Committee; d) recommendations on the future direction of each Board/Advisory Committee and its structure in general; and, e) reviews and recommendations on the reporting and functional relationships of Boards/Advisory Committees in general. Policy Title: Boards & Advisory Committees of Council Page 4 of 16 Policy Number: ADM 040 05.02 If a Board or Advisory Committee is to be disbanded, a final report on the Board/Advisory Committee activities and reasons for disbanding shall be presented to Council for approval. 06 Terms of Reference 06.01 06.02 06.03 The Terms of Reference will be established in accordance with the template included as Appendix I to this policy. Terms of Reference, once established, must be approved by Council and amendments to those terms can only be made with Council approval. The Terms of Reference of each Advisory Committee shall be reviewed on an ongoing basis by relevant staff liaisons to ensure that each Committee and its Terms of Reference remain relevant and appropriate. 07 Appointment Process and Advertising for Board/Advisory Committee Members 07.01 07.02 07.03 07 .04 07.05 Where a Provincial Statute prescribes the type of appointments to be made by the City to a given Board or Advisory Committee, the Statute shall be complied with . Where the City makes appointments to Boards/Advisory Committees of its own creation and to outside bodies when requested to ~o so, such appointments shall be citizen appointments , except in circumstances where the City has a direct financial involvement, in which instance Council shall determine whether or not it will appoint citizens and/or Council Members to such bodies. Vacancies for citizen appointments shall be publicly advertised in the local newspaper, on the City of Pickering website and in any other manner that the City deems appropriate to reach the broadest sector of our community. Applicants shall be a property owner or resident of Pickering and a minimum of 18 years of age unless otherwise determined by committee membership requirements. City of Pickering employees are not eligible . Generally, the duration of Board/Advisory Committee appointments are the same as the term of Council , however staff may recommend that the terms for specific Board/Advisory Committee appointments be staggered to ensure experience and consistency in following the Board/Advisory Committee's goals and mandate . While appointees may serve on more than one Board/Advisory Committee, Council shall give first consideration to individuals who are not already appointed to another Board/Advisory Committee. The term of a member of a Board or Committee of Council shall continue in accordance with the Board/Committee Terms of Reference or until a successor is appo i nted . The following process , coordinated by the City Clerk and Legislative Services, will generally be followed in initiating the recruitment, selection and appointment process: Policy Title: Boards & Advisory Committees of Council Page 5 of 16 Policy Number: ADM 040 a). upon Council passing a resolution to establish a Board/Advisory Committee, or when a vacancy occurs, the City C lerk, in consultation w ith the relevant department and Staff Liaison assigned to the Advisory Committee, wi ll advertise Comm ittee vacancies in the local newspaper, the City website and in any other manner that the City deems appropriate to reach the broadest sector of the community. The advertisement wi ll make note of indicate the number of vacancies mandate of on the Committee, a-- brief statement of the role and responsibilities of Committee membership , duration of the term, level of commitment, app lication process and contact informationthe website URL where details can be obtained for each Board/Committee ; hl_appl icants sha ll be required to comp lete and submit to the City Clerk an appl ication form , avai lable from the C lerk's Office and the C ity website. Once the applications have been reviewed by staff, a report recommending selected appointees will be prepared for approval by Council. All applications received shall be forwarded to Council 1;.,ith the staff report ; c) all applications shall be reviewed by the Staff Liaison for each Board/committee and a recommendation shall be provided to the City Clerk for inclusion in a Council agenda . The staff recommendat ion provided to Council will be accompanied with all applications received for that Board/Committee. d) when preparing the recommendation to Council, the Staff Liaison shall give equal consideration to new applicants as well as those who have previously served on a Board/Committee. -91e)Notwithstanding item d, recommendations shall be based on the relevant experience and expertise of an individual in relation to the mandate of the Board/Committee and there shall be no restrictions on the number of terms an individual may serve if they meet the needs of the Board/Committee; and, Bjf}_the Clerk's Office, on beha lf of Council, shal l send out co nfirmation letters to new Board/Advisory Committee appointees and advise of their Staff Liaison for that Committee and any other re levant contacts. Letters will also be provided to those individuals who were not appointed encouraging them to re-apply at such time a vacancy occurs . 08 Resignation/Dismissal Process 08.01 Board/Advisory Committee members wishing to resign their appointment shal l submit a letter of resignation which shal l be forwarded as soon as possib le to the City C lerk. Upon acceptance of the resignation , the City Clerk in consultation w ith the sStaff 41 iaison ass igned to the Committee wi ll initiate the aforementioned appointment process to fi ll the vacancy. Po li cy Title: Boards & Advisory Committees of Counci l Page 6 of 16 Poli cy Number: ADM 040 08.02 Council, at its discretion, can dismiss any Board/Advisory Committee in its entirety or any member thereof at any time. 09 Absentee Requirements 09.01 09.02 If any Board/Advisory Committee member is absent from three consecutive meetings, or absent from over 50% of the meetings in one year without justification, the Sstaff 11iaison will contact the member to ask whether or not they wish to remain on the Committee or resign. If contact cannot be made with an absent Committee Member and five months of continuous absenteeism has been noted , the Committee Member's seat automatically becomes vacant and the process for filling a vacancy will begin. 10 Orientation Sessions 10.01 Orientation sessions shall be conducted at the beginning of each term by the Staff Liaison in coordination with Legislative Services Division.:. and Staff Liaison assigned to the Committee for ne1.v Board/Advisory Committee appointees and for interested returning Board/Advisory Committee appointees at the beginning of each Council term . All Board/Advisory Committee members benefit from orientation . The sessions orientation will identify goals, objectives and work plans for the Committee . Further sessions may be conducted for appointees during the Council term, as required. Orientation manuals materials will be distributed to all members of the Committee for reference purposes. Each Board/Advisory Committee package shall include the following information : a) establishing Resolution/Confirming By law for Board/Advisory Committee aH4-Terms of Reference; b) mandatory statutes (e.g. Accessibility for Ontarians with Disabilities J'\ct); c) City of Pickering Procedural By-Law; d) City Organizational Structure ; e) member contact information ; f) council members' contact information ; Wfil_relevant City Policies and Procedures affecting Board/Advisory Committee members including the City's Code of Conduct; and, h) information regarding Committee relationship to Council ; and , ijfL_staff liaison support and contact information . 10.02 As per the Accessibility for Ontarians with Disabilities Act, 2005, all City employees, volunteers and/or agents as well as any other individual who might be reasonably expected to interact with the public on behalf of the City will Policy Title: Boards & Advisory Committees of Council Page 7 of 16 Policy Number: ADM 040 receive Accessible Customer Service Training. The Staff Liaison assigned to the Committee will arrange training for new Board/Advisory Committee members who have not had Accessible Customer Service Training. 11 Meeting· Structure, Agenda and Minute Formats 11.01 11 .02 Regular meetings will be held monthly, but variations may be determined by the Committee and Staff Liaison assigned to the Committee. A meeting schedu le , setting out the time and place for meetings will be established by staff. Meeting venues will be accessible, and sufficient to accommodate Committee members , staff and guestsmembers of the public. Meeting structure, agenda and minute formats should meet the needs of individual Boards/Advisory Committees, while ensuri ng consistency, completeness and accountabi lity. Boards and Committees shall follow the City's Procedure By-law; however, A§ Board/Advisory Committee may choose to fo ll ow a more informal procedure and al low for a consensus approach to discussion. It is recommended that the fol lowing components be included in agendas, where specific subject items are described in each component: a) b) date, time , location of meeting ; members present (li st names and titles, ie. J. Doe, Chair); ~c)~ __ members absent/regrets ; Gfd) disclosure of interest Gf_e)~ __ approva l of previous minutes; 6J~f) ___ presentations/deputationsdelegations; B .... 9~) __ general business and reports ; §}_h)~ __ correspondence ; Rt~i) ___ other business; 41....._j) ___ next meeting ; and , jf-"'k)~ __ adjournment. 11.03 City Staff and Committee Members shou ld structure meeting agendas to make every effort to adhere to a two hour time limit for all Advisory meetings. 11.04 Minutes of meetings must be recorded and are scribed without note or comment. Minutes shou ld briefly outline the substance of each of the agenda items discussed during the meeting , including actions taken and recommendations by motion. Motions shal l not be required to be seconded. Minutes shou ld have a collective , not a personal focus . What individuals said is Policy Title: Boards & Advisory Committees of Council Page 8 of 16 . Policy Number: ADM 040 11.05 less significant than the precise wording of proposals and the decisions made by the majority of the Committee or by general agreement. No member has the inherent right to have his or her comments on the record . Minutes are primarily a record of what was done at a meeting , and not a record of what was said by members. Minutes are not taken verbatim and they do not serve as . They are Ret-a transcript of t he meeting . · Minutes shall be forwarded as soon as possible following the meeti ng to the City Clerk in order to present them to Council as information on a timely basis. Staff will be required to prepare a report for any recommendation of a Board/Advisory Committee requiring action by Council. Minutes of all meetings must be recorded . 12 Access to Meetings 12.01 Except as provided in this section , all meetings shall be open to the public and the media and Board/Advisory Committee minutes shall be available upon request and s hall be posted on t he City's website . Special guests, volunteers, organizational representatives and City staff do not constitute committee members , and are unable to vote. The Facil itator Staff Liaison who is facilitating the meeting may expel any person for imprope r conduct at a meeting. 12.02 Board/Advisory Committee meetings should not be closed to the public. If a Board/Advisory Committee feels that discussion of an item on the agenda needs to be closed to the public , tRefl-the City Clerk must be advised in advance , and the agenda for the meeting in which a closed item will be discussed shall include the provisions of the Municipal Act that allow for such item to be considered in closed sessiona 24 hour notification process must be follo1Ned . A meeting can only be closed to the public if the subject matter being considered is : a) the security of the property of the municipality or local board; b) personnel matters about an identifiable individua l, including municipal employees or local board members ; c) a proposed or pending acquisition or disposition of la nd by the municipality or local board; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals , affecting the municipality or loca l board ; f) the receiving of advice that is subject to solicitor-cl ient privilege ; incl uding communications necessary for that purpose ; g) a matter in respect of which a council, #le-board e-r-Gg ommittee or other body may hold a closed meeting under the authority of another Act; eF;- Policy Title: Boards & Advisory Committees of Council Page 9 of 16 Policy Number: ADM 040 h) 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; i) 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; j) 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; 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; or, Ht!Lfor the purpose of educating or training the members , subject to the condition that no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the local board or Gcommittee. 12.03 Before holding a meeting or part of a meeting that is to be closed to the public, the Board/Advisory Committee shall state by resolution: a) the fact of the holding of the closed meeting ; b) the general nature of the matter to be considered at the closed meeting; and; c) in the case of a meeting for educational or training purppses, that it is closed for that purpose as well . 12.04 All deliberations while in closed session shall remain confidential unless otherwise approved by Committee in open session . 12.05 Any motion made regarding an item within a closed session shall be made in open session. 12.06 A statement must be placed in the public minutes providing the general nature of the closed meeting. 13 Provision for Accessibility and Divers ity 13.01 Adequate provisions shall be made by relevant staff to ensure that meeting locations , agenda and minute formats , communications and conduct of meetings be accessible, to ensure maximum participation and quality customer service. Reference may be made to the provisions of the Accessibility for Policy Title: Boards & Advisory Committees of Council Page 10 of 16 Policy Number: ADM 040 Ontarians with Disabilities Act, and similar legislatio n, policies and guidelines. Membership that reflects the diversity of the City com munity will be encouraged in the recruitment, selection and appointment process. 14 Pecuniary Interest 14.01 Committee members are deemed not to have pecuniary conflict of interest in that they have no decision-making ability. However, members should be cognizant of any perceived conflict in terms of issues , which may serve to benefit them personally. Members shall not use their status on Committees for personal or political gain. 14.02 If a Committee member feels they have a perceived conflict of interest in any matter and is , or will be, present at a meeting at any time at which the matter is the subject of consideration, the member shall : a) shall , before any consideration of the matter, at the meeting verbally disclose the interest and its general nature ; b) s-RaU--not, at any time, take part in the discussion of, or vote on, any question in respect to the matter; c) shall leave the meeting and remain absent from it at any time during consideration of the matter; and , G)g__Members shall not use their status on Committees for personal or political gaincomplete a Disclosure of Interest under the Municipal Conflict of Interest Act form in accordance with the City's Procedure By- law and the Disclosure shall be provided to the Staff Liaison or recording secretary and forwarded to the City Clerk . 15 City Policies and Procedures 15.01 Board and Advisory Committee members shall adhere to th e policies and procedures of the City of Pickering. 16 General Rules Governing Board and Advisory Committees 16.01 Duties of Members of Council: a) Members of Council may attend any or all Advisory Committee meetings. b) At Advisory Committee meetings, Members of Council can respond to Committee members' questions, interpret Council's direction and give input or support to the Committee. c) Members of Council who are not appointed as members to a board or committee are not included as part of the quorum, and have no voting rights. Policy Title: Boards & Advisory Committees of Council Page 11 of 16 Policy Number: ADM 040 16.02 Duties of Committee Members: Committee Members are required to: a) Understand the mandate of the Committee, including its relationship to Council; b) Understand their role and responsibilities, including relevant City policies; c) Strive to attend all scheduled and special advisory committee meetings; d) Prepare for meetings by reading agendas and any background information supplied; e) Actively participate in the discussion and decision-making process; f) Undertake any work assigned, inc;:luding special projects and research , in between meetings; g) Be open minded and allow for a variety of opinions to be heard; h) Respect the individual worth and dignity of other Advisory Committee members , and maintain a high degree of professionalism ; i) Respect that actions taken and recommendations shall reflect the majority view of the advisory committee; and, j) Respect the finality of Council decisions. 16.03 Duties of City Staff: a) The Staff Liaison for each Committee will facilitate meetings unless a Chair or Vice Chair is required by a statute or Terms of Reference; b) City Staff assume two principle functions: a secretarial role and a policy advice role. These roles may be undertaken by one or more staff ej_g}_City Staff will take minutes at meetings ; and, GjQ}_Legislative Services will coordinate agendas, minutes and correspondence as needed for those Boards/Committees in which they provide secretariat support. Staff Liaisons will be responsible for this function for any committees not supported by Legislative Services.-;-a-rn:t, EBtl City £taff ass1s1mo twe ~FiFioi~le f1s1F1oti0F1s: a seomtaFial rnle aF1€1 a ~slioy a€1vioe rnle. These mies may ee 1s1F1€10rtal,;;0F1 ey sFie @F meF@ staff. 16.04 Duties of the FaoilitatorStaff Liaison The Facilitator Staff Liaison is required to : Policy Title: Boards & Advisory Committees of Council Page 12 of 16 Policy Number: ADM 040 a) Facilitate the meeting by identifying the order of proceedings and speakers; interpret and determine questions of procedure; ensure active participation by all Advisory Committee members; maintain decorum and ensure fairness and accountability; b) Be open-minded and encourage a variety of opinions to be heard; c) Respect the individual worth and dignity of Advisory Committee members, and maintain a high degree of professionalism ; d) Review agendas and minutes provided by staff; and lead the preparation of annual reports/presentations to Council ; e) Review the goals and objectives of the Advisory Committee and ensure that its work plan is realistic and up to date; f) Seek clarification and answers for Advisory Committee members through Council or City Staff; g) The Facilitator Staff Liaison has no authority to make decisions, and can only assist with the conduct of a meeting in a fair and efficient manner so that the will of the majority prevails after all members have had a fair chance to present their points of view; h) The Facilitator Staff Liaison has no voting rights, is present to assist the Committee in administrative processes and is independent of the Advisory Committee; and, i) The Advisory Committee may choose to relax procedures and allow for a consensus approach to discussion, keeping in mind that questions of procedure shall be determined by the FacilitatorStaff Lia ison , subject to the City's procedural by-law. The Clerk may provide guidance on the interpretation and application of procedures. Good faith misinterpretation of procedures shall not affect the validity of any meeting . 16.05 Quorum a) A majority of the Members of any Committee shall be required to officially constitute a meeting. A majority shall be considered one half of the number of members plus one additional member; b) City staff, Members of Council who have not been appointed to the Committee , special guests, volunteers and organization representatives have no voting privileges and will not be included in the quorum; c) If no quorum is present thirty (30) minutes after the time scheduled for a meeting, the Recording Secretary shall call the roll and record the names of the members present, and the meeting shall stand adjourned until the next meeting date; aoo, Policy Title: Boards & Advisory Committees of Council Page 13 of 16 Policy Number: ADM 040 .QL_lf the Facilitator Staff Liaison is absent from the meeting and another City Staff member is not present but, quorum has been met, then a Committee Member can be appointed to facilitate the meet ing : and,.,. 9-je) Should a vacancy occur on a Board or Committee, quorum shall be based on the number of current sitting members and not the full membership until such time the vacancy is filled . 16.06 Reporting to Council a) Citizen Advisory Committees shall prepare an annual work plan submission, which shall include a report on the previous year's accomplishments to Council, and a work plan for the current year; b) This process shall be led by the Staff Liaison of the Committee and may include a delegation to Council; and, c) Every Citizen Advisory Committee matter which needs to be referred to Council shall be done in writing through the Staff Liaison. The Staff Liaison assigned to the Committee will submit a memo to Council as Correspondence stating the Committee's recommendations. The Council Correspondence direction will be for Council to "Rece ive as Information " or to "Refer to a Director" for investigation and if appropriate, a report back to the appropriate Standing Committee . No order or authority to do any business shall be recogni zed as emanating from a Committee, unless it is in writing and approved through a resolution of Council. 16.07 Advisory Committee Events a) Advisory Committees must seek Council approval to hold an event and each request to Council must include the complete details of the event (e.g. budget, number of staff required, name of event, date, and purpose of event); b) Events must relate to specific activities approved in the Advisory Committee's Terms of Reference and mandate. The event must be listed in the annual work plan for that year; and, c) Where an event has been requested and approved by Council , all Committee Members must attend and contribute to assisting at the event. 16.08 Media Relations and Communications a) Committee members shall not meet with the media unless such meeting is approved by the City's CAO. Committee media relations must be supported by the City's Communications araaDivision . b) The actions and recommendations of Advisory Committees are subject to the policies and administrative practices of the City, includ i ng provisions pertaining to the use of the corporate logo(s), letterhead , website, Policy Title: Boards & Advisory Committees of Council Page 14 of 16 Policy Number: ADM 040 information pamphlets , media advertisements and the like . A dvisory Committees shall seek approval from Council for any change in Advisory Committee name or development of any substantive communication medium (e.g. website). 16.09 Subcommittees/Working Groups may be established by a Committee, as required, to carry out a specific projects included in the annual work plan submission. Such subcommittees/working groups shall be disbanded upon completion of their specific project(s). A subcommittee must Ha-Ve-include at least two members of the Advisory Committee--efl--i.t , ootand additional membership may be drawn from relevant stakeholders or the general public with the appropriate interest and expertise. Please refer to all associated Procedures and Standard Operating Procedures , if applicable, for detailed processes regarding this Policy. Appendices Appendix 1 Terms of Reference -Sample Format Policy Title: Boards & Advisory Committees of Council Policy Number: ADM 040 Page 15 of 16 Terms of Reference Name of Committee Appendix 1 Terms of Reference shall be approved by Council and amendments can only be made with Council approval. Terms of Reference for an Advisory Committee need only address information not already provided for in this Policy. 1.0 Mandate - A description of the general purpose and activities of the Advisory Committee, including areas of responsibility, taking into account any statutory requirements. Advisory Committee mandates shall not be altered by the Advisory Committee. 2.0 Goals, Objectives and Responsibilities -A listing of the goals, objectives and responsibilities of the Advisory Committee, to be addressed in annual work plans with reference to specific strategies and actions. 3.0 Composition -Specify the maximum number of members of the Advisory Committee and describe the nature of membership (citizens and/or organization, numbers in each category), membership terms. 4.0 Member Qualifications -Outline recommended qualifications of potential members given the mandate of the Advisory Committee. 5.0 Meeting Schedule-Indicate how often the Advisory Committee shall meet, e.g. month ly, every other month, criteria for ca lling a special meeting, summer recess . 6.0 Budget -requests must relate to the Advisory Committee's mandate, be included in the annual work plan submission and be supported by project descriptions. Policy Title: Boards & Advisory Committees of Council Page 16 of 16 Policy Number: ADM 040 Attachment #2 to CLK 03-19 Terms of Reference Boards and Advisory Committees Accessibility Advisory Committee Animal Services Committee Committee of Adjustment Cultural Advisory Committee · Heritage Pickering Advisory Committee Pickering Public Library Board Property Review Committee Site Plan Advisory Committee Taxicab Advisory Committee 1.0 Mandate Terms of Reference Accessibility Advisory Committee As directed by the Accessibility for Ontarians with Disabilities Act, 2005, the Council of every municipality in Ontario having a population of not less than 10,000 shall establish an accessibility advisory committee. The mandate of the Accessibility Advisory Committee is to fulfill the duties as outlined in the Act and to provide advice to Council on programs, policies and services provided to persons with disabilities. 2.0 Goals, Objectives and Responsibilities The Accessibility Advisory Committee will accomplish its mandate by: -Providing advice to staff and Council on the development, implementation and effectiveness of the City of Pickering's Accessibility Plan. -Acting as a commenting body to the Corporation to address accessibility to a building, structure or premises, or part of a building, structure or premises, that the City purchases, constructs, renovates, leases or which is provided to the Municipality as a capital facility. -Preparing an annual report to Council outlining the Committee's achievements during the year. -Consulting with City Development staff on applicable site plans and drawings described in Section 41 of the Planning Act. The Accessibility Advisory Committee will not be responsible for the following: -Accessibility issues relating to regulation of private facilities or corporations except where requested to comment by such agencies. -Administration issues relating to the implementation of the Accessibility Plan. 3.0 Composition The Committee shall have a membership of not more than 10 Citizen appointment's, with the majority being persons with a disability, consideration will be given to a caregiver of a person with a disability. Committee representation will include: • A maximum of 1 O Citizen appointment's, with the majority being persons with a disability. • 1 City of Pickering staff member on a rotating basis that is involved in the City's Accessibility Plan/Programs/Services -no voting rights Accessibility Advisory Committee Terms of Reference Staff representatives will be selected by the Director, staff will rotate as required during the term in order to utilize the experience/knowledge of the staff person in the area that the Committee is discussing at the time. • Service Agency Representative with a mandate/responsibility for people with disabilities -no voting rights . • 1 representative from the Ajax-Pickering Board of Trade to support accessibility issues of private businesses -no voting rights Invitations will be sent to Service Agencies with a mandate/responsibility for people with disabilities and to the Ajax-Pickering Board of Trade requesting interest in attending Accessibility Advisory Committee Meetings in order to utilize the experience/knowledge of the organizations. 4.0 Member Qualifications -Qualifications include the skills, knowledge, and experience committee members need to contribute effectively to the accomplishment of the committee's objectives. Awareness and knowledge of potential barriers to public access of facilities, programs and services would be an asset. -The majority of the Committee must be individuals with a disability, consideration will be given to a caregiver of an individual with a disability. 5.0 Meeting Schedule Meetings shall be held monthly on a set week and day to be determined by the Committee at its first meeting of the term. The meetings shall commence at 7:00 pm. Established meeting dates and times shall not be changed unless circumstances warrant special consideration. Meetings will not be held in the months of July, August or December unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. During a Municipal election year, meetings shall not be held after September 30 th unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. 6.0 Budget The Director, Culture & Recreation shall be responsible for the Accessibility Advisory Committee budget, which shall be submitted annually in accordance with established City budget guidelines. The Staff Facilitator confirms the proposed budget with the Accessibility Advisory Committee based on their following year's work plan. The Director, Culture & Accessibility Advisory Committee Terms of Reference Recreation reviews the proposed budget and submits within the Department budget. 1.0 Mandate Terms of Reference Animal Services Committee To act as a quasi-judicial committee, hearing appeals relating to Orders to Restrain issued under the provisions of the Responsible Pet Ownership By-law, as amended. The Committee has the ability to amend the order, permit a follow up review of the Order, or quash the Order. 2.0 Goals, Objectives and Responsibilities The Animal Services Committee fulfills the requirements of the Responsible Pet Ownership By-law to provide a review process and hear appeals. 3.0 Composition The Animal Services Committee is comprised of two members of the public appointed by Council, and one member of Council. Appointments shall be for the 4 year term corresponding with the term of City Council. Committee members shall be paid an honorarium of $50.00 per hearing attended. 4.0 Member Qualifications Committee members who have experience as dog owners, dog trainers, or animal behaviour would be an asset. 5.0 Meeting Schedule Meetings are scheduled as required to hear appeals. 6.0 Budget Remuneration for committee members will be paid from the Animal Services Salary Account. 1.0 Ma nd ate Te rm s of Referen ce Comm ittee of Adj ustm e nt The Committee of Adjustment is a body appointed by City CounGil to Gonsider ~ests for minor Ghanges, or varianGes , to the City's zoning by laws. The 1¾frp06e of the Committee is to provide a foruffi-for-the expeditie-u-s-aAti-f:)faetiGal Gonsideration of minor varianGes. The Committee Gonsiders zoning matters wi=liGJ:l-Gre often of the utmost importanGe to individual appliGants, but whiGh are AOt-ef...suff iGient magni-tuee-to-wai:rafl.t-tt-le-feFmal-GOnsieei=ation-of..City CounGil . The Comm ittee of Adjustment is an independent and autonomous quasi-judicial body made up of five citizen members appointed by City Council. The Committee performs its duties at "arm's length" from Ci ty Counci l and operates under the authority of the Ontario Planning Act. The purpose of the Committee is to provide a forum for the expeditious consideration of minor variances to the City's zoning by-laws. Applications to t he Committee of Adjustment will be processed in acc ordance with the req u irements of Sections 45 of the Planning Act, appli cable regulations (O.Reg . 200/96), the Statutory Powers Procedures Act and Committee of Adjustment Rules of Procedure. The Committee is authorized by the Planning Act to consider applications for: • Minor variances from the provisions of the Zonin g By-l aw; • Extensions, enlargements or variations of existing legal non -conforming uses under the Zoning By-law; and • Determine whether a particular use conforms with the provisions of the Zoning By-law where the uses of land , build ings or st ructures permitted in the by-law are defined in general terms 2.0 Goa ls, Obj ecti ves a nd Res ponsibilities The Zoning By-law regulates how land and buildings are used and where buildings and structures can be located . Zonin g By -laws also specify lot sizes and dimensions, parking requirements , bu ilding heights and other regulations necessary to ensure proper and orderly development. Sometimes it is not possible or desirabl e to meet all of the requi rements of t he Zoning By-law. In that case , a property owner may apply for approval of a minor va riance. A minor va riance provides relief from a specific Zoning By-law requirement. The majority of applications typically dealt with by the Committee are requests for minor variances to the zoning by-law in which an applicant seeks re lief from a specific requirement of the zoning by-law, such as a reduction in min imum yard width or an increase in maximum permitted building height. For the Committee to approve this type of application, Section 4 5(1) of the Planning Act requires that the members must be satisfied that the application: Committee of Adjustment Terms of Reference • Is considered to be a "minor" change from the Zoning requi rements; • Is desirable for the appropriate development or use of the land, building or structure; • Maintains the general intent and purpose of the Official Plan; and • Maintains the general intent and purpose of the Zoning By-law. The Committee of Adjustment will accomplish its mandate by: 1. Reviewing the merits of the applicati on, the documentation and evidence put forward . conducting site inspections and re ndering decisions on the application, in accordance with the requirements of the Planning Act. 2. Complying with the applicable rules , reg ulations and policies for the Committee of Adjustment 3.0 Composition The Committee of Adjustment is composed of the fo llowing: • 5 Citizen Appointments • City Support Staff -Secretary-Treasurer • City Support Staff -Assistant Secretary-Treasurer 4.0 Member Qualifications It is desired that the Committee develop community-focused outcomes while rendering decisions in accordance w ith the provisions of the Planning Act. Individuals should have a demonstrated commitment and interest in the community. and the comm ittee membership shou ld reflect a balanced representation from the areas of pl anning, construction and lay people. 5.0 Meeting Schedule The Committee of Adjustment meets every thifG..the second Wednesday of each mo nth to consider minor variance applications. On average, there a re between tflfee-four to s i¾-e ight applications sched uled for each meeting. The Committee Members will be provided with an agenda the Friday before t he meeting, which contains a summary of the applications and all comments rece ived through circulation of the application, including the City Development Department's recommendations. The Committee is also to attend a pre-meeting at 6:30 p.m. !Q obtain additional ha ndouts (if applicable) and to discuss the agenda with other Committee Members or ~f..obtain clarification ~&-Aee€1ee-from City Development staff. It is not the intent of the pre-meeting for Members to discuss the ir posit ion on any of the applications on the agenda . The Committee meetings are scheduled to start at 7:00 p.m. The Secretary-Treasurer of the Committee of Adjustment or designate will attend the meetings to assi st the Committee with interpretations or other technical details and the Assistant Secretary-Treasurer will be in attendance to take minutes. Committee of Adjustment meetings are also open to the public, and all applicants and any interested prnperty 0Wflef5parties may attend the meetings to present comments or concerns. Committee of Adjustment Terms of Reference Committee meetings are intended to be as informal and a ppl icant-f riendly as possible, however Rules of Procedure for the meetings are to be fol lowed. As per seGtiGA--Sect ion 44(7) of the P,lanninq Act a Committee _ Member_wil l_ be ......... _ .. -··{ Form atted: Fo nt italic appointed to act as Chairperso n for the meetings in order to provide a clear '----------------_, structure and process. The Committee of Adju stment must make a decision on each application as it is heard at the meeting, either for approval , refusa l, deferral to another meeting or tabled indefinitely. T he Committee may impose conditions that must be fulfi lled as part of the approval of an application , or may approve an application with revisions, as long as those revi sions result in a similar variance than what was originally applied for. In making a decision , the Committee must pass a resolution that clearly sets out the reasons for the decision . The City Development Department will always provide a recommendation on the application for the Committee's assistance. Minutes of the meetings and the mailing of decisions of the Committee are coordinated by the Assistant Secretary-Treasurer. Each Committee of Adjustment decision is subject to a twenty-day appeal period d uring which an individual , includ ing City Council , may lodge an appeal of the decision to the Gntario MuAiGipaj..goareLoca l P lanning Appeal Tr ibunal. T he City Development Department keeps City Council informed of all Committee of Adjustment decisions. 6.0 Budget Committee Members are paid in accordance with a Ci ty Council Resolution. Honorarium ($120.00 per attended meeting• as per By-law 7666/18) and mileage (@~cents per kilometre) are paid on a bi-annual basis (January to June and J uly to December). •• or note honorariums paid as per the cu rrent by law Terms of Reference -Cultural Advisory Committee Terms of Reference 1.0 Mandate The Cultural Advisory Committee (CAC) will assist City staff with the implementation of the City of Pickering Cultural Strategic Plan . The CAC wi ll identify and coordinate opportunities for stakeholder and community engagement and provide expert community input on matters relating to the provision of cultura l services. 2 .0 Goals, Objectives and Responsibilities The City of Pickering Cultural Strategic Plan , approved by Council on June 16 , 2014 as per resolution #247/14 , sets a vision for the place of arts , culture and heritage in the City and identifies strategic directions for policy, investment, partnerships and programs for: the next 10 years . Pickering 's Cultural Strategic Plan sets out six strategic directions : 1 . broaden and deepen City leadership and investment; 2. build a strong and collaborative cultural sector; 3. strengthen culture-led economic development; 4 . conserve and promote history and heritage ; 5. celebrate and support diversity and inclusion ; and 6 . culture opportunities for the creation , education and enjoyment of the arts. Committee responsibilities include ; a) Assist and advise staff on the implementation of the Cultural plan; b) Assist and advise staff on the development and review of policy relating to cultural development; c) Assist and advise staff on matters concerning the strategic planning , development and evaluation for cultural development in the municipality; d) Advocate for culture and promote community-wide cultura l initiatives ; e) Provide consultation , research and report findings and make recommendations as necessary on matters of culture within the City of Pickering ; f) Encourage and promote effective communication between community cultural groups , individuals and the City ; g) Advise and develop working relationships with owners of businesses , Business Improvement Areas (BIA) and Chamber of Commerce; h) Advise and assist with the development of education programs and promote Pickering 's Cultural Strategic Plan ; i) Liaise with other like-organizations to promote Pickering 's culture ; j) Advocate and promote the value and benefit of cultural activities for all ; and k) Report annually to Council. · Members do not have the authority to assign work to staff but w ill work cooperatively and assume related duties as directed by the Superv isor, Cultural Services, a nd/or t he Coord in ator, C ul tu ra l Se rv ices . Terms of Refere nce -Cu ltura l Advisory Committee More specifi ca ll y, the CAC w ill not be responsible for the follow i ng: 1. Programme de li very; 2. Budget approva l; 3. Day-to-day operati ons of City-owned fac iliti es; and 4. Administrative matters in cl uding direction given to staff. 3.0 Composition Twelve (12) Committee members w il l be se lected , 4 members from t he public and eight (8) representatives from re lated commun ity organizations. Members from the publi c must res id e in Pickering and represent a board range of interests and expe ri ence in th e cu lt ural secto r. Community Orga ni zation representatives must be from organizations who serve the City of Pickering . W here possible, appo intments to the Committee s ha ll in clu de representatives of the following orga ni zations/ associati o ns: • Pin e Ridge Arts Counci l • Durham West Arts Centre • Pickering Historical Society • Pickering Public Library • Aj ax/P ickering Board of Trade • Diversity Group City Staff from the following departments wil l a lso make up the Committee: • Community Services Department • City Development Department • Eng in eering Services Department • Corporate Services Department 4.0 Member Qualifications Qualifications in clude the skills, knowledge, and experience needed to contribute effectively to t he Comm ittee's obj ectives. Membership wi ll be sought on the bas is of broad interest, understanding and commitment to cultura l deve lopment in the municipality , in addition to specifi c expertise and interest related to Culture. 5.0 Meeting Schedule The C ultural Adviso ry Committee meets 6 times per year, and up to 8. Established meeting dates and times sha ll not be changed unless circumstances warrant specia l co ns ide ra t ion. Meetings w il l not be held in the months of July, August or December u nle ss determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. Terms of Reference -Cultural Advisory Committee During a Municipal election year, meetings shall not be held after September 30 th unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. · 1.0 Mandate Terms of Reference Heritage Pickering Committee Heritage Pickering Advisory Committee is hereby established in order to advise and assist Council on all matters relating to the conservation of property of cultural heritage value or interest and heritage conservation districts, and such other heritage matters as the council may specify by by-law. Enabling Legislation -The Heritage Pickering Advisory Committee is provided for under Part IV, Section 28, of the Ontario Heritage Act. The Committee is deemed to be a statutory committee. 2.0 Goals, Objectives and Responsibilities Undertake research into Pickering properties having cultural heritage value or interest and advise Council on matters related to their conservation; Advise Council on applications pertaining to a heritage property or a heritage district involving: a) designation or de-designation b) alterations, additions, new construction or demolition c) loans, grants or other forms of assistance to heritage property owners; or d) easement agreements. Provide guidance and assistance to owners of heritage properties in meeting their conservation obligations and obtaining heritage approvals; Advise and assist with the development and maintenance of an inventory of the City's heritage resources; and Advise and assist with the development of cultural heritage conservation guidelines, and with cultural heritage policies, plans and programs. In addressing its responsibilities, the Committee shall comply with the Official Plan and have regard for the heritage policies adopted by Council, including: a) Regional and City Official Plans b) Whitevale Heritage Conservation District Guidelines c) Heritage Permit Application Procedures; and d) Individual heritage by-laws. 3.0 Composition Heritage Pickering Committee Terms of Reference The Committee shall be comprised of nine (9) citizen appointments. 4.0 Member Qualifications Committee members shall contribute time, knowledge, skill and expertise to the fulfillment of the committee's mandate; research issues relevant to their committee's mandate as required; work with staff to implement Council's decisions relevant to the Committee's mandate and commit to attending regular meetings during the year. 5.0 Meeting Schedule The Heritage Pickering Advisory Committee shall meet on the fourth Wednesday of every month at the Civic Complex, One the Esplanade, Pickering, at 7:00 pm. Established meeting dates and times shall not be changed unless circumstances warrant special consideration. Meetings will not be held in the months of July, August or December unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. During a Municipal election year, meetings shall not be held after September 30 th unless determined by the Committee that a meeting is necessary to meet the mandate or work plan of the Committee. 6.0 Budget The Director, City Development shall be responsible for the Heritage Pickering Advisory Committee budget, which shall be submitted annually in accordance with established City budget guidelines. The Director, City Development will present a draft budget for review by the Heritage Pickering Advisory Committee on an annual basis, prior to submission to the. Chief Administrative Officer for approval. The City of Pickering Public Library Board Terms of Reference 1.0 Enabling Legislation The Public Libraries Act, R.S.O. 1990, c. P.44, s.3 (3) provides the authority, and direction for the establishment of public library boards by municipal Councils. The relevant sections of the Act are as follows. Board 3 (1) A public library shall be under the management and control of a board, which is a corporation known in English as The City of Pickering Public Library Board. Composition of public library board 9 (1) A public library board shall be composed of at least five members appointed by the municipal Council. 2002, c. 18, Sched. F, s. 3 (8). Board Members 10 . (1) A person is qualified to be appointed as a member of a board who is a member of the appointing Council or, a) Is at least eighteen years old; b) Is a Canadian citizen; c) Is , i. A resident of the municipality for which the board is estab lished in the case of a public library board, ii . A resident of a municipality that has a contract with the board under section 29, iii. A resident of the board area of a lo ca l service board that has the contract with the board under section 29, Iv . A member of an Indian band that ha s a contract with the board under section 29, or v. A member of a second board that has entered into a contract with the board to purchase from it library services for the residents of the second board; and d) Is not employed by the board or by the municipality or county or, in the case of a union board, by any of the affected municipalities. R.S.O. 1990, c. P.44.s.10 (1 ); 2002, c. 18, Sched. F, s. 3 (9). Number of council members on board limited 10. (2) The appointing Council shall not appoint more of its own members to a board than the number that is , a) In the case of a public library board or union board, one less than a majority of the board; - 1 - Term 10. (3) A board member shall hold office for a term concurrent with the term of the appointing council, or until a successor is appointed , and may be reappointed for one or more further terms. R.S.O. 1990, c. P.44, s. 10 (3). Time for making appointments 10. (4) The first appointments of members of a new board shall be made at a regular meeting of council and the member shall take office as soon as possible thereafter, and thereafter appointments shall be made at the first meeting of council in each term, but if the council fails to make the appointments at its first meeting , it shall do so at any regular or special meeting held within 60 days after its first meeting. R.S.O. 1990, C. P.44 , s. 10 (4); 2002, C . 18 , Sched. F , S. 3 (10). Notice of Vacancies 11. (1) The clerk of the appointing municipality or county or, in the case of a union board , the clerks of the affected municipalities shall give public notice of vacancies on the board by publishing a notice of them , inviting applications , in a newspaper of general circulation in the municipality. R.S.O. 1990 , c. P.44, s . 11 (1 ). 2.0 Responsibilities 2.1 The purpose of the Board is to: • Represent the interests of the moral ownership, defined as the Residents of Pickering • Determine the benefits that the organization will provide , keeping a long term, strategic perspective (the Ends policies) • Monitor the operations to ensure that the Executive Limitations policies are being complied with and that the Ends policies are being accomplished according to Board-CEO Delegation policies. 3.0 Composition 3.1 The Board shall be comprised of 8 citizen appointments and 2 members of Council. 4.0 Board Chair 4.1 The position of Chair will be elected by a majority of the Board at the first meeting of the applicable calendar year during the term of the Board. The Chair will serve for a two-year term and until a successor is elected. A Board member may not serve as Chair for more tha n 3 consecutive (two year) terms. 4.2 The Chair will preside at all Board meetings , maintain order, decide whether motions are in order , and rule on all procedural matters. 5.0 Vice-Chair 5.1 The position of Vice-Chair will be elected by a majority of the Board at the first meeting of the applicable calendar year during the term of the Board. The Vice- -2 - Cha ir w ill serve for a two-year term and until a successor is elected . A Board member may not serve as Vice-Chair for more than 3 consecutive (two year) terms. In the absence of the Chair, the Vice-Cha ir w ill preside and wil l have a ll of the Chair's powers and respons ibi lities 6.0 Councillors 6.1 A member of Counci l is appoi nted to the Library Board to act as a liaison between Counci l and the Board ; respond to Board members' questions; provide updates on Board activi ti es to Council and to provide updates on Council activities to the Board. 6.2 Members of Council are a lso act in g members of the Library's Board and as such have the responsibilities and duties t hat are assigned to a ll Board members . 7.0 Treasurer 7 .1 The Board wi ll appoint a Treasurer. Typically, that wi ll be the City Treasurer or his/her designate. The Treasurer will : a) Rece ive , keep safe ly , and account for a ll the Board's money b) Deposit al l money received on the Board's behalf to th e cred it of that account or accounts c) Disburse funds as required by provincial and federal legislation , City and Library procedures, and Board resolutions 8.0 Board Members 8.1 Dut ies of Board Members: d) employ a competent and qua lified CEO e) determine and adopt writte n policies to govern the Library f) determ in e the 'Ends' for the Library g) understand the Library programmes and needs of the community in relation to the Library h) keep abreast of standards and trends i n libraries i) be aware of local and other laws which affect l ib raries and p lay an active role in in iti ating and supporting benefi c ia l Library legislation j) attend all Board and comm ittee meetings as assigned. May attend outside meetings and workshops for Board membe rs k) be an effective advocate for the Library in th e community I) be prepared to interact w ith provinc ial library agencies if required. m) interest in the Library , the community and their i nter-re lationship n) readiness to dedicate time and effort o) knowledge of the comm unity's socia l and econom ic co ndition p) aptitude for planning -both long and short range q) abi lity to work in a political environment -3 - 8.2 Disqualification of Board Members If a board member, (a) is convicted of an indictable offence; (b) becomes incapacitated; (c) is absent from the meetings of the board for three consecutive months without being authorized by a board resolution; (d) ceases to be qualified for membership under clause 10 (1) (c); or (e) otherwise forfeits his or her seat, the member's seat becomes vacant and the remaining members shall forthwith declare the seat vacant and notify the appointing council accordingly. R.S .O . 1990, c . P.44, s. 13. 8.3 Vacancies Where a vacancy arises in the membership of a board , the appointing council shall promptly appoint a person to fill the vacancy and to hold office for the unexpired term, except where the unexpired term is less than forty-five days. R.S.O. 1990, C. P.44 , S . 12 . 9.0 Li brary Staff 9 .1 The CEO of the Pickering Public Library is the Board's employee to whom the Board delegates the supervision and direction of the Library and its staff. He or she will attend all Board meetings, will have the other powers and duties that the Board assigns from time to time , and will be known in these bylaws as the "CEO ." The Board 's relationship with the CEO is defined in Board-CEO delegation policies. 10.0 Reporting 10.1 The Library Board will provide an annual report at year end to Council to communicate its activities in the preceding year. Generally, this annual report follows the release of the Library's audit. 10.2 The Library Board will present its four-year strategic plan to counci l in which it prioritizes library services to the community based on community feedback and engagement. 11.0 Meetings 11.1 The Library Board shall meet every fourth Thursday of the month at 7:00 pm. 11 .2 The meeting schedule is monthly, except for June and July. Special meetings may be held from time to time. - 4 - 12.0 Conflict of Interest 12 .1 The Municipal Conflict of Interest Act will govern the Board ; an agenda will incl ude provision for the Members to disclose a direct pecuniary interest in a matter and the general nature thereof. 13.0 Budget 13.1 The C EO sha ll be respo nsib le fo r th e Li b rary bu dget, w hi ch shall be s ubmi tted a nnu a ll y in accorda nce w ith estab li s hed Ci t y b ud get g ui de lin es. 13.2 The C EO w ill p rese nt a d raft budget fo r rev iew by t he Boa rd on an an nu al bas is, prior t o s ub mi ss ion t o Ci ty Council for app rova l. -5 - 1.0 Mandate Terms of Reference Property Review Committee To act as a quasi-judicial tribunal, hearing appeals to Property Standards Orders issued under the authority of the Building Code Act. The Committee niay confirm, amend or quash an Order. · The Property Review Committee will also review applications for exemptions under the City's Fence By-law and render a decision which becomes final and binding. · 2.0 Goals, Objectives and Responsibilities The Property Review Committee fulfills the legislated requirements of the Building Code to provide a committee to hear appeals. It is also responsible for providing a review process for Fence Exemption applications and rendering a decision that is final and binding. 3.0 Composition The Property Review Committee will be comprised of 5 Citizen Appointees. A hearing conducted by the Property Review Committee shall have 3 members present for quorum purposes. Appointments shall be for a 4-year term corresponding with the term of City Council. Committee members shall be paid an honorarium of $50.00 per appeal or hearing attended. 4.0 Member Qualifications Committee members with experience in building construction or property maintenance would be an asset. 5.0 Meeting Schedule The Property Review Committee shall meet as required. 6.0 Budget Remuneration for committee members will be paid from the By-law Services Salary Account. Te rms of Reference Site Plan Ad v isory Committee 1.0 Mandate Purs uant t o Sectio n 4 1 (2) of the Pla nning Act, th e C ity of P ick eri ng has passed By-law 7632/18 identifying th e territo ri a l l imits of th e C ity of P icke ri ng as bein g designated as a s ite plan control a rea. T he fo ll owin g typ es of d evelopment a re exem p t fo r s ite pl a n co ntro l: a) residential development of one or two dwelling units per lot; b) agricultural and farm related buildings or structures that are used in farming operations, including new buildings or structures used for agricultural purposes within the Natural Heritage System of the Greenbelt Plan , which are located outside of the 30.0 metre minimum vegetation protect ion zone from a key natural heritage or key hydrologic feature identified in the Pickering Official Plan ; c) tents and similar structures to be erected for a temporary period not exceeding 12 weeks; d) accessory buildings or structures not exceeding a total gross floor area of 50 square metres ; e) any expansion or enlargement of a building or structure that is less than 20 square metres or less than 10 percent of the total floor area of the building , whichever is less ; f) any building or structure owned or operated by the City, the Region of Durham , a conservation authority , the Government of Ontario or of Canada ; g) any building or stru cture de stroyed by fire, expl osio n or fl ood or oth e r s imilar cause, provided that: i. the reconstructed building or structure is used for the same purpose as the former building or structure ; ii. the gross floor area and height of the reconstructed building or structure generally do not exceed those of the former building or structure ; and , iii . the reconstructed building or structure is generally not closer to an y lot lines than the former building or structure ; and h) development of residential sales offices and model homes. S ite pla n control is a form of developme nt con t ro l prov ided t o mu nicipa lities by Ontario's Planning Act. No o ne can u nd e rtake a ny development w hi ch is s u bj ect to site plan control unless the City has reviewed and approved certain plans. Once the plans are approved, a site plan agreement is genera ll y executed . This agreement contractually binds the owner to develop and maintain a site in accordance w ith the approved plans and the terms of the agreement. The Director, C it y Deve lopment, has bee n de legated the authority to approve site p lans. 2.0 Goals, Objectives and Responsibilities The Site Plan Advisory Committee is to assist and adv ise the Di rector , City Development on applications for sign variances and site plan approval with respect to matters such as arch itecture, building massing and exterior bu il ding materials, site layout, landscaping, accessib ility, and s ustainable design e lements. 3.0 Composition 3 Members of Council - 1 from each Ward Staff support: Chief Planner Manager, Development Rev iew & Urban Design Prin c ipa l Planner -S ite Planning Planner II -Site Planning 4.0 Member Qualifications Not app li cable. 5.0 Meeting Schedule The Site Plan Advisory Committee meets the second and fourth Tuesday of every month at 2:00 pm at the Pickering Civic Comp lex , One The Esp lanade , Pickering. 6.0 Budget There is no budget allocated to the S ite Plan Advisory Committee. Policy Title: Boards and Advisory Committees of Counci l Policy Number: ADM 040 Page 2 of 2 1.0 Mandate Terms of Reference Taxicab Advisory Committee The Taxicab Advisory Committee (TAC) shall serve as a quasi-judicial committee to review appeals in accordance with the provisions of the Taxicab Licensing By- law. The Taxicab Advisory Committee will also provide recommendations regarding fare increases and other issues which may arise within the taxicab industry. 2.0 Goals, Objectives and Responsibilities The Taxicab Advisory Committee sits on an as-required basis to hear appeals or provide advice to Council regarding the regulation of the taxicab industry. 3.0 Composition The TAC will be composed of the following: 1) Brokerage Representatives - 2 2) Taxicab Plate Licensees -2 -Elected 3) Taxicab Drivers -2 -Elected 4) City of Pickering Councillor 5) Manager, Municipal Law Enforcement Services Membership shall be for a 4-year term corresponding with the term of City Council. 4.0 Member Qualifications Brokerage representatives must be employed by a brokerage licenced by the City of Pickering. Taxicab Plate Licensee and Taxi Cab Driver representatives must hold the associated licence with the City of Pickering to be accepted as a nomination for election. 5.0 Selection Process Each of the two main brokerages will have the ability to send a representative from the management staff of the brokerage. Taxicab Advisory Committee Terms of Reference Each of the elected positions for Taxicab Plate Owners and Drivers will be selected through an election process initiated through Municipal Law Enforcement Services. Nominations will be submitted in writing. Once the nomination period has ended, licenced industry participants (taxicab plate licensees or drivers) attend the Pickering Civic Complex, present their identification, then complete a ballot to vote for one of the nominees listed on the ballots. A record of voters is kept to ensure each person only votes once. City staff tally the ballots and advise of the successfully elected candidates. Taxicab industry representatives are permitted to act as scrutineers. Should the number of nominees equal the available positions, representatives shall be acclaimed. 6.0 Meeting Schedule The TAC will meet as required to conduct appeal hearings at the Pickering Civic Complex. Meetings may also be called as required to provide input regarding matters relating to the taxicab industry. 7.0 Budget The Taxicab Advisory Committee has no budget funds.