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HomeMy WebLinkAboutFebruary 8, 9, 2007 (Strategy Session) CitJl c~ AGENDA COUNCIL STRATEGY SESSION Thursday February 8, 2007 Friday February 9, 2007 Citlf (J~ AGENDA Council Strategy Session February 8th and 9th, 2007 Deer Creek Golf Club 9:00 am THURSDAY FEBRUARY 8, 2007 1. 2007 Departmental Strategic Introduction by Chief Goals and Objectives Administrative Officer . Operations & Emergency followed by Department Services Heads . Planning & Development . Corporate Services Break 2. 2007 Financial Overview Chief Administrative Officer and Director, Corporate Services & Treasurer Lunch 3. Seaton/Duffin Heights Update Chief Administrative Officer, Director, Planning & Development and Division Head, Corporate Projects & Policy CORP0227-01/02 Break 4. Parking Strategies Discussion Chief Administrative Paper Officer and City Clerk 5. Grants Policy Director, Corporate . Highlights of Proposed Policy Services & Treasurer and City Clerk FOLLOWED BY DINNER FRIDAY FEBRUARY 9, 2007 6. Governance Structure Chief Administrative Discussion Paper Officer and City Clerk Break 7. Procedural By-law Discussion Chief Administrative Paper Officer and City Clerk CORP0227-01/02 Lunch 8. Salary, Expenses and Director, Corporate Communications Respecting Services & Treasurer Members of Council [Referral from January 15, 2007 Council Meeting 9. Other Business All 10. IN CAMERA MATTERS Chief Administrative [In accordance with the Officer Municipal Act] CORP0227-01/02 Parking Strategies Discussion Paper February 2007 DISCUSSION PAPER PARKING STRATEGIES February 2007 Purposes: a) Review On-Street Parking Policies, including Permit Parking for residential areas b) Examine potential Pay & Display Parking Areas c) Assess parking availability surrounding the Pickering Civic Complex As per the request made at the Council Strategy session in June, and direction from the CAO, Municipal Law Enforcement Services and Municipal Property and Engineering staff have prepared this report to address concerns relating to the three areas identified above. On-Street Parkina On street parking remains a contentious issue in many residential areas. The City of Pickering Traffic & Parking By-law prohibits parking on any City street for more than three hours. Municipal Law Enforcement Services provide enforcement of this by-law provision, patrolling each street in Pickering for overnight parking approximately once per month. Additional patrols are made upon complaint investigations. To date (December 1, 2006), Municipal Law Enforcement Services Parking Control Officers have issued 4,998 parking tickets for parking in excess of 3 hours, and responded to 730 complaints regarding vehicle parking issues. A memorandum was prepared dated May 26, 2006, outlining Municipal Law Enforcement Services Parking Enforcement Policies and Practices and identifying problem streets by ward. A copy is attached to this report as back up documentation. The difficulty in addressing the issue of on street parking continues to be the conflicting views of residents. A large number of residents call to complain about vehicles parking on their streets. However, there are also frequent calls from ticket recipients advising they do not have enough parking available in their driveways for the vehicles belonging to the occupants of the house. This can be due to small, single car driveways, multiple families residing in a home, basement apartment units or simply from families with older children still living at home. To arbitrarily make a change in policy implementing some form of permit parking will incense the residents who cannot tolerate vehicles parked on the street. There are also streets which simply cannot support on street parking and still safely provide access to emergency services, road maintenance and waste collection service vehicles. Permit parking may be an option on streets where residents support it and traffic engineering staff can confirm no safety issues will arise. DISCUSSION PAPER PARKING STRATEGIES February 2007 The Town of Milton, and the City of Mississauga have implemented a process for homeowners to apply for extended on street parking on one side of residential streets. (15 or 24 hour) The review is done on a street by street basis when a homeowner requests a change in the parking limit on a street. Homeowners considering making this application must take into consideration that extended parking on one side of a street: . May complicate parking enforcement, snow removal, road maintenance and waste collection . May result in homeowners from nearby streets parking on the street . Will require that parking be prohibited at all times on the other side of the street . May still not provide sufficient parking The procedure followed is outlined below, and may take up to three months to process: 1. A written request is sent to the Traffic Co-ordinator indicating reasons for extending the parking limit on the street and resident contact information. 2. The Traffic Co-ordinator completes a site inspection to determine if the street could support extended parking. 3. If the street can support extended parking on one side of the road, the applicant will be provided with an information package and a petition form. The applicant must then gather sufficient signatures to demonstrate that a minimum of 51 % of the homeowners support the extended parking request. 4. If 51 % or more of the homeowners support the extended parking request, the Traffic Co-ordinator will issue a parking questionnaire to the homeowners to confirm their support for extended parking. This questionnaire must be completed by each homeowner and returned to the City of Pickering by a specified date. 5. If 51 % or more of the homeowners support extended parking, a report will be prepared for Council recommending an amendment to the 3-Hour Parking By- law on the street. 6. If approved by Council, the appropriate parking signs will be installed. The extended parking will not take effect until all appropriate signage has been installed The Town of Milton's process ensures two important concerns are addressed. Firstly, a street will not have extended parking implemented without the concurrence of the homeowners affected. Second, Traffic and Engineering staff must handle each street individually, assessing any safety concerns. DISCUSSION PAPER PARKING STRATEGIES February 2007 An alternative approach might be to create on-street permit parking areas using a similar process. This would prohibit vehicles from other streets parking in the extended parking areas. This is the course of action the City of Hamilton chose. The City of Pickering Traffic and Parking By-law, Section 13 (2) (d) states "No person shall stop any vehicle on any highway, while salt or sand is being applied to, or when snow is being ploughed or removed from any part of a highway." Permits might only be issued from April- November, to ensure snow clearing operations are not impeded. A permit fee of $25.00 per month or $150 from April - November could be made available. The City of Hamilton charges $65.87 plus gst per year for this service. The implementation of a permit system will require the purchase of a software program which will allow Parking Control Officers to check plates for permits on file, prior to issuing tickets. Our existing handheld parking unit provider (Group Techna) submitted a budget proposal for this type of system in September. The quote for the system, utilizing our existing handhelds, was $14, 950.00 plus taxes. The municipal Traffic By-law 6604/05 already provides for roadway permit parking. The provisions allow the City Clerk to issue an exemption from certain parking prohibitions to an occupant of a residence which fronts onto the street (as identified on Schedule 4 of the Traffic By-law). Currently, "parking permits" are only extended to residents on the south side of Ilona Park Road (73 to 140 metres west of Liverpool Road) as the residential complex has insufficient on site parking. It is the recommendation of Municipal Law Enforcement Services to adopt a resident initiated permit parking request process, rather than simply opening up parking to anyone on certain streets. This will ensure only vehicle owners residing on the street are permitted to park there, and will provide clear limits on permissions when snow clearing operations may occur. It will also provide a source of revenue to offset the significant costs in reviewing applications and enforcing the provisions implemented. In 2005, parking fines of $269,000.00 were issued in relation to 3 hour parking contraventions. As providing permit parking may reduce the revenue generated from 3 hour parking enforcement, the revenue from the permits will also offset this reduction. DISCUSSION PAPER PARKING STRATEGIES February 2007 The City of Pickering does have a policy granting parking consideration to residents who are required to temporarily park on the street due to certain circumstances. Such consideration would be granted for requests relating to driveway paving or sealing, apartment/condominium services to underground parking lots, construction which prohibits the resident from parking in their driveway or special occasions such as weddings, funerals or out of town guests. The current maximum amount of time such parking consideration will be granted is currently two weeks. Requests must be submitted in writing, prior to requiring the consideration. It is recommended that this policy continue. The Town of Milton and the City of Mississauga also offer the Parking Consideration program. Each of these municipalities publishes information on their website outlining the conditions under which consideration will be granted and how to make the request. It is suggested that similar information be provided on our website. Pay and Displav Parkina Areas Pay and Display Parking areas tend to be located in municipalities which have municipal lots to provide parking for businesses which do not have adequate parking of their own available, usually due to a downtown core. They are also established in City recreational areas, such as marinas, harbours or waterfront locations. The justification, typically, is to promote space utilization by appropriate users, promote user turn-a-round and deter loitering as well as generate funds to offset maintenance and construction. The City of Pickering may wish to consider implementing a Pay and Display system in the parking lot at the south end of Liverpool Road at Millennium Square. This will increase turn over in the lot, and encourage user groups who may find alternative parking elsewhere to do so. (Le., the dragon boat racers could utilize the marina facilities, but choose the City lot as it is closer to their practice area.) The City Solicitor has advised any change in parking restrictions on municipal property must be enacted by by-law. This would include implementing pay and display requirements, as well as maximum time restrictions to park in a municipal lot. The municipal lot on the south side of the Pickering Civic Complex may be another potential location. However, with the Pickering Town Centre lot providing sufficient area parking, the municipal lot is typically not subjected to infiltration by non civic users and rarely exceeds capacity. Also, requiring residents to pay to park to utilize the library or Civic Complex may not be a decision well-received by the public. Should paid parking be implemented, permit exemption identification cards (like the staff underground parking permit tags) could be issued to municipal staff to identify staff vehicles for enforcement purposes. Both Municipal Property & Engineering and Municipal Law Enforcement Services have received information from Pay and Display service providers. Arrangements can be made to lease or purchase the equipment. There are also businesses willing to provide the equipment and support, usually for a considerable percentage of the revenues. A DISCUSSION PAPER PARKING STRATEGIES February 2007 report was prepared by Municipal Property & Engineering reviewing Pay and Display stations. It is attached to this report for further information. Parkina Availability Assessment Surroundina the Pickerina Civic Complex Currently, the municipal civic complex area is serviced by both a corporate parking lot and on street parking on adjacent streets. The following identifies the various parking opportunities and their specific details. Pickering Civic Complex Public Parking Lot The municipal parking lot currently provides 141 parking stalls comprised of . 5 disabled (at the east end adjacent to Glenanna Road), . 25 visitors (along the north side adjacent to the Esplanade South), . 111 general purpose, of which are utilized by municipal employees With the recent elimination of the walkway island in the centre of the lot, 6 additional spaces were created. Except for specific events, the lot does not exceed capacity. Glenanna Road Classed as a type "C" Arterial roadway, Glenanna Road serves primarily as a traffic carrier with land access considerations being secondary. The curb to curb width is 16.5 metres. Consequently, it has a higher vehicular capacity with Regional data indicating a typical daily traffic volume of 8,000 (well within the class range of 5,000 to 20,000 vehicles). As a result of the class characteristics and the adjacent land uses (Pickering Town Centre Mall, CIBC, the Medical Centre and the Pickering Civic Complex) on street parking between the Esplanade South and Kingston Road is prohibited. However, given the diminished traffic volumes between Pickering Parkway and the Esplanade South, on street parking is provided on both the east and west side of Glenanna Road (excluding driveway entrance locations, which dictate an unobstructed view of oncoming traffic). Staff is unaware of any parking related issues on Glenanna Road and do not recommend any changes at this time. Esplanade North Classed as a Collector Road, Esplanade North equally serves a traffic carrier and provides a land access function. The Average Daily Traffic volume (ADT) is estimated at 1,000 vehicles, at the lower limit of the class range of 1,000 to 5,000 vehicles. Given the curb to curb road width is 11.0 metres, on street parking can be accommodated and is permitted on both the north and south side of the Esplanade North excluding a section at the driveway entrances to both the Civic Complex and Discovery Place residential complex underground parking lots. Staff is unaware of any parking related issues on Esplanade North and do not recommend any changes at this time. Esplanade South DISCUSSION PAPER PARKING STRATEGIES February 2007 Classed as a Collector Road, Esplanade South equally serves a traffic carrier and provides a land access function. The Average Daily Traffic volume (ADT) is 2,000 vehicles, at the lower limit of the class range of 1,000 to 5,000 vehicles. As the curb to curb road width is 11.0 metres, on street parking can be accommodated and is permitted on both the north and south side of the Esplanade south excluding a section at the eastern pedestrian walkway from the Pickering Civic Complex to the municipal parking lot. As a possible improvement, on street parking could be amended to extend the existing prohibition along the north side westward to include the pedestrian access from the Pickering Civic Complex parking lot to the civic complex via the stairs and pathway adjacent to the library. Also, although only enforceable utilizing the 3 hour maximum parking provision, municipal staff are told not to park along either Esplanade North and/or the Esplanade South in order to provide easy access short term parking (less than the permitted 3hr maximum on street parking by-law) for corporate clients as a customer service gesture. Valley Farm Road Classed as a type "C" Arterial roadway, Valley Farm Road serves primarily as a traffic carrier with land access considerations being secondary. The curb to curb width is 13.5 metres. Consequently, it has a higher vehicular capacity with data indicating a typical daily traffic volume of 5,000 (well within the class range of 5,000 to 20,000 vehicles). As a result of the class characteristics and the adjacent land uses (Pickering Recreation Complex, the Pickering Civic Complex and Esplanade Park), on street parking between the Esplanade South and Kingston Road is prohibited. However, given the diminished traffic volumes between Pickering Parkway and the Esplanade South, limited on street parking is provided on both the east and west side of Valley Farm Road (excluding driveway entrance locations (which dictate an unobstructed view of oncoming traffic). Staff is unaware of any parking related issues on Valley Farm Road and do not recommend any changes at this time. Summary: The information and recommendations outlined in this report and its attachments are provided for Council's review. Parking strategies that Council wishes to pursue can be developed with the use of a project and/or work plan, taking into consideration budget implications and departmental goals and objectives. DISCUSSION PAPER PARKING STRATEGIES February 2007 OPERATIONS & EMERGEN~Yj SERVICES DEPARTMENT : MUNICIPAL PROPERTY & L----- ENGINEERING DIVISIOfol_ ! ""'. N. T.S. DEe 03. 2006 L ..u___.uL_.....__... .u.. C.\MY DOCUMENTS\TRAFF:C\'ORMS AND WARRANTS\FORM FIELD OBSERVATiONS lfTTf.R.CDR ROADWAY DATA CIVIC COMPLEX AREA ROADWAY DATA 1 KINGSTON ROAD CLASS: ARTERIAL "B" DAILY VOLUME: 30,000 Vehicle. 2 GLENANNA ROAD CLASS: ARTERIAL .C" DAILY VOLUME: 8,000 Vehicle. 3 ESPLANADE NORTH CLASS: COLLECTOR DAILY VOLUME: 1 ,000 Vehicle. 4 ESPLANADE SOUTH CLASS: COLLECTOR DAILY VOLUME 2,000 Vehicle. 5 VALLEY FARM ROAD CLASS: ARTERIAL "C" DAILY VOLUME: 5,000 Vehicle. 6 PICKERING PARKWAY CLASS: ARTERIAL "C" DAILY VOLUME 10,000 Vehicle. LEGEND . STOP I REGIONAL SIGNAL 00 CITY SIGNAL , NO PARKING + HYDRANT Ci> TRANSIT STOP ~ Grant Policy February 2007 PROPOSED GRANT POLICY KEY HIGHLIGHTS . Previously, grant requests were held In Camera, however, due to the changes to the Municipal Act, these matters can no longer be handled confidentially . Formally recognized as a policy . Provides formal authority by which staff can administer . Provides staff with guidelines for responding to organizational requests for corporate grant money . Audited financial statements from grant recipients if the grant from the City is more than $5,000.00 . Encourages groups to operate as self sufficient units, rather than depending on the City . Grants are only available to Pickering non-profit organizations which exist for the purpose of providing municipally related programs . City provides substantial grant to the United Way with the understanding that other non-profit agencies coming to the City for grant money will be referred to this organization - the policy formally recognizes this . Application form process for non-profit organizations, including as part of the application the most recent financial statement . Provides for grant money on a one year basis · Corporate grants will not increase in excess of % of 1 % of the prior year's levy · Request must address a community need, under serviced demand or contribute to the City's sustainability efforts · Provides parameters by which grants will not be provided CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: Reference: Date Revised: Category: Subject: 001 Policy Title: CORPORATE GRANTS POLICY STATEMENT: The City of Pickering, "The City", believes that many programs, services and projects are best provided through the volunteer efforts of Pickering based community groups operating as self- sufficient units. POLICY OBJECTIVE: The objective of this Policy is to: 1. Provide guidelines for responding to organizational requests for corporate grant money. 2. Respond to community. needs .byproviding limited financial support to non-profit organizations, andtofund special events that benefit the City directly. GENERAL: 01 Definitions: 01.01 Non-profit orQanization - An organization that has committed legally not to distribute any net earnings (profits) to individuals with control over it such as members, officers, directors, or trustees, other than for services rendered and goods provided. 02 Responsibilities: 02.01 Council to: (a) Actively support this Policy. CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: Reference: Date Revised: Category: Subject: 001 Policy Title: CORPORATE GRANTS 02.02 Chief Administrative Officer to: (a) Actively support this Policy. (b) Approve this Policy and any amendments as may be required from time to time. 02.03 City Clerk to: (a) Determine whether the group is eligible and, if so, whether it has demonstrated its commitment to Pickering as a whole. (b) Advise in writing, as soon as possible, groups that are ineligible for funding and whose applications will receive no further consideration. 03 General Principles: 03.01 Corporate grants are only available to Pickering based non-profit organizations, which exist for the purpose of providing municipally-related programs, services or projects specifically to the residents of Pickering. 03.02 All requests from non-profit organizations for grant or sponsorship money are to be referred to the City Clerk. 03.03 The City provides a substantial amount of grant money to the United Way of Ajax-Pickering-Uxbridge with the understanding that other non-profit agencies coming to the City for grant money will be referred to them as a potential funder. 03.04 The City Clerk will refer non-profit organizations to United Way of Ajax- Pickering-Uxbridge and/or to service clubs such as; the Rotary Club of Pickering, the Kinsmen Club etc. that have program funding. CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: Reference: Date Revised: Category: Subject: 001 Policy Title: CORPORA TE GRANTS 03.05 If a non-profit organization wishes to apply to the City, they must submit a formal letter of request, a completed application form and their most recent financial statement,which will be included in the following year's Current Budget to be considered by Council. 03.06 Corporate grant money is available on a one-year basis. Should the non- profit organization wish to re-apply, they are required to send in a new application along with a letter of request. 03.07 Corporate grants will not increase in excess of % of 1 % of the prior year's levy. 03.08 Criteria for corporate grants a) Only requests from non-profit organizations, which are resident to Pickering will be considered. b) Organizations must be non-profit; service oriented; and structured so as to confer no benefits to its members. c) The request must address a community need, respond to an under- serviced demand, contribute to the City's overall positive image, or contribute to the City's Sustainability efforts. d) Activity/function must generally occur within the City boundaries. 03.09 Grants will not be provided: a) On a retroactive basis; b) To individuals; c) To organizations aligned with any political party, or to support programs or services that are political in nature; d) To organizations operating under the auspices of a religious body, or to support programs or services that are religious in nature; e) To coalitions such as ratepayer or tenant/landlord associations, or to support programs or services geared specifically to these organizations; f) As donations to charitable causes; g) As a replacement for other funding sources; h) As debt retirement expenditures; CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: Reference: Date Revised: Category: Subject: 001 Policy Title: CORPORATE GRANTS i) To support programs or services which duplicate those already offered in the same geographic area; j) To support programs or services which are operated under the authority of another level of government such as social services; k) In lieu of municipal taxes or other fees. 03.10 Grants are available only if the community group can demonstrate that there is community support for the programs, services or project offered by the group; and that there is a need for financial assistance. 03.11 Applications are available from the Clerks office or from the Coordinator, Community Capacity Building. 03.12 Each applicant will be required to provide information about the organization and its programs or services; evidence to establish the group's eligibility in terms of the evaluation criteria outlined in this policy; a description of how the group intends to measure the success of the program, service, or project if the funding request is approved; and how their program benefits the City and its residents over the long-term. 03.13 Recipients of a City grant may hold the City responsible for any obligations relating to the project. 03.14 Requests for funding are reviewed by the City Clerk. The role of the City Clerk is to determine whether the group is eligible and, if so, whether it has demonstrated its commitment to Pickering as a whole. Groups that are ineligible for funding and whose applications will receive no further consideration will be so advised, in writing, as soon as possible. 03.15 Groups will be notified by the Clerk's office of the amount approved following Council approval. 03.16 Grants may not be used for purposes other than those approved by Council. If a grant is used for a purpose other than that approved by Council, the grant must be repaid. CITY POLICY/PROCEDURE Approval: Date Originated: Policy Number: Classification: Reference: Date Revised: Category: Subject: 001 Policy Title: CORPORATE GRANTS 03.17 Groups are required to identify how they will measure the success of the programs, services, or projects for which funding was provided. The results of these measurements must be provided by XXXXX of the year in which the grant was awarded. The Coordinator, Community Capacity Building is responsible for obtaining all required information from the group. Failure to submit the requested information will jeopardize future consideration of grant requests. Corporate Grant Application 2007 If you are non-profit organization serving the residents of The City of Pickering and are applying for a grant, please complete this application form answering all the questions fully, as your application will be assessed on this information. Please submit your application attachments to: City Clerk City of Pickering One The Esplanade Pickering, ON L 1V 6K7 Please keep a copy of this form for your records. If there is not enough space on the form to answer any of the questions, continue on a separate sheet. Be sure to write your organization's name on any extra sheets. Incomplete applications will not be considered for funding. Name of Organization: Grant Request Amount Charitable Registration Number As an authorized officer of the applicant, I hereby attest to the accuracy of the information contained herein: Name Signature Title Date * If your request is $5,000 or more, please include the most recent year-end audited financial statement with your application. Corporate Grant Application 2007 Applicant Profile Registered Name of Organization: Contact Title Add ress Postal Code Phone Fax Email Website Organization's Mandate (please enclose a brochure if available): Corporate Grant Application 2007 Describe the impact of your organization's programs to the Pickering community over the short and long-term. Describe how your organization's programming is distinct from that of other organizations in the community. Corporate Grant Application 2007 Describe actions taken to improve public accessibility for your organization's programming. Describe how your organization ensures fiscal/managerial responsibility. Corporate G rant Application 2007 State the general purpose and nature of the program, service or project for which you are requesting funding. Describe methods used to measure results of the program, service or project should you receive funding. Grant Program Guidelines The following guidelines are to assist community groups with the City of Pickering's Corporate Grant Program and to assist groups with completing their application. Please consult with the City Clerk or the Coordinator, Community Capacity Building should you have any questions. Required attachments must be submitted with the application. Incomplete submissions will not be considered. Pu rpose The City of Pickering believes that many programs, services and projects are best provided through the efforts of Pickering based community groups ideally, operating as self-sufficient units. Groups are encouraged to work toward decreasing reliance on municipal funding. Process All requests for funding are to be forwarded to the City Clerk. The City Clerk will advise the group of other potential funding opportunities such as; United Way Ajax-Pickering- Uxbridge; Service Clubs; and The Durham Community Foundation. Should the community group still wish to apply to the City of Pickering for limited funding, the following is the process that will be adhered to. . The community group must submit a letter of request along with an application, their most recent audited financial statement and all required attachments to the City Clerk. . Grants are reviewed for eligibility. Groups that are not eligible will be notified by the City Clerk's office. For those groups that are eligible, should further clarification be required concerning their submission, they will be contacted. . Funding to be allocated through the Corporate Grant Program is limited in each calendar year. Funds are to be used in the calendar year they are awarded in. Criteria for Corporate Grants . Only requests from non-profit organizations, serving Pickering residents, unless express approval from the City Clerk has been granted, will be considered. · Organizations must be non-profit; service oriented; and structured so as to confer no benefits to its members. · The request must address a community need, respond to an under-serviced demand, or contribute to the City's overall positive image. · Activity/function must generally occur within the City boundaries. · Each applicant will be required to provide information about the organization and its programs or services; evidence to establish the group's eligibility in terms of the Grant Program Guidelines evaluation criteria outlined in these guidelines; a description of how the group intends to measure the success of the program, service, or project if the funding request is approved; and how their program benefits the City of Pickering and its residents over the long-term. · Recipients of a City grant may not hold the City responsible for any obligations relating to the project. · Please note that if a corporate grant is given for $5,000 or more, the organization will be expected to submit their audited financial statements. Grants are Not Provided . On a retroactive basis; . To individuals; · To organizations aligned with any political party, or to support programs or services that are political in nature; · To organizations operating under the auspices of a religious body, or to support programs or services that are religious in nature; . To coalitions such as ratepayer or tenanUlandlord associations, or to support programs or services geared specifically to these organizations; . As donations to charitable causes; . As a replacement for other funding sources; . As debt retirement expenditures; · To support programs or services which duplicate those already offered in the same geographic area; . To support programs or services which are operated under the authority of another level of government such as social services; . In lieu of municipal taxes or other fees; · For purposes other than the purposes approved by Council. If a grant is used for a purpose other than that approved by Council, the grant must be repaid. Reporting · Groups are required to identify how they will measure the success of the programs, services, or projects for which funding was provided. The results of these measurements must be provided by October 31 of the year in which the grant was awarded. The Coordinator, Community Capacity Building is responsible for obtaining all required information from the group. Failure to submit the requested information will jeopardize future consideration of grant requests. · The City Clerk may request additional information to substantiate the application as required. · If a group receives grant funding of $5,000 or more and subsequently disbands, they must dispose of their assets in a responsible manner that meets with the approval of the City. Council Governance Structure Discussion Paper February 2007 DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 INTRODUCTION The Chief Administrative Officer requested that a discussion paper be prepared for the new term of Council. The purpose of the discussion paper is to provide an overview of governance structure implications in the context of recent changes to the Municipal Act, along with a review of our existing governance structure to determine time efficiencies for elected officials and staff. Another key driving focus is to provide enhancements to our system for the purpose of providing the public with ample opportunity to review upcoming agenda items. BACKGROUND One of the central components of a governance structure review is to determine the effectiveness of the present system taking into account the process improvements within the Council Secretariat environment that have occurred over the past year, and simply, the way the City is now doing business. Also to be taken into consideration is the apparent desire from members of Pickering's electorate to have responsive, open government. In a report entitled 'The Governance Context', George Cuff, a well known name in local government, states that the definition of the word 'governance' within a local government context refers to 'the process of exercising corporate leadership by the policy-making authority (ie: the Council) on behalf of the public to the organization as a whole in terms of its purpose, control and future and overseeing the organization to ensure that its mandate is achieved.' The Chief Administrative Officer and senior staff have set out to achieve process improvements knowing that governance is a process, and it requires ongoing attention. Decision making structure and process; use of Council and Committee meetings and public involvement all need to be addressed and reflected upon when reviewing the governance of the City. Over the past number of years, every municipality has questioned the way they do business and Pickering is no exception. With the changes to the Municipal Act that became effective in January 2003 and again in January 2007., there has been a move toward openness and greater access in the meetings of local government. Every Chief Administrative Officer and City Clerk have struggled to ensure that the needs of elected officials, senior staff and the public are being addressed through not only the governance structure, but with the basics of report formatting, deadlines, agenda preparation and minutes. The City will continue to take a leadership role ensuring that our processes within the Council Secretariat environment are based on best practices within the industry. All levels of staff within the organization continue to be involved in process improvements involved within the agenda preparation, which in turn is reflected in the City's governance structure. Again, it is a process that continually evolves as the needs of our governing body evolve and change. DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 As a City, we have to ensure that our current governance structure reflect our preferred method of governance. This discussion paper provides examples of structures that are being utilized by other local governments, and will note what is deficient within our existing structure. Certainly, Council raised concerns in relation to appointments to Advisory Committees based on the extended term of four years. The decision to review all appointments in two years is advisable as it helps Council to assess the role our advisory committees play and what value they add to the community. There may be some advisory committees that will no longer fit within our governance structure or satisfy community needs in two years, and this will provide an opportunity for a thorough review by the Chief Administrative Officer, with the support of the City Clerk. A formal report will be prepared and presented in November 2008 for Council review and consideration. The review of the governance structure allows the City to determine what steps it can take to ensure that the decision making process is publicly transparent, which is a key element of the changes to the Municipal Act. Council should also determine the public perception of our openness to citizen input or criticism. The decision making by Council are a direct result of a process, such as a standing committee structure. Any change to our current council decision making system, such as our current standing committee system will evolve from Council itself. In reviewing the council governance structure, Council will need to reflect on whether the present way by which the decisions are made serve the needs of Council. George Cuff has repeatedly stated that 'best practice recognizes that we live in a rapidly changing world requiring our civic institutions also to change in order to keep pace.' Staff have continually changed the way we do business over the past year as a means to address the changing needs of Council and our community, along with legislated requirements. OVERVIEW Municipal Act Revisions were made to the Municipal Act effective in January 2007. Specifically, municipal councils are now required to give public notice of all upcoming meetings. Minutes must be recorded at all meetings, including closed meetings. Municipalities now have the authority to appoint a person to investigate and provide a report when it is thought that these requirements have not been fulfilled. The provincial Ombudsman is authorized to undertake the investigation if a municipality has not appointed its own investigator. The City for the past year has completed minutes of closed minutes and formally adopted the minutes at a Council meeting. This included Executive Committee and Council meetings. The Procedural By-law and any policy and procedures affected by this change will also be reviewed and discussed with Council. DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 Existing Governance Structure The current system utilized by the City relies on a standing committee system followed by regular meetings of Council on alternate Monday evenings. Elected officials at the City of Pickering are part time, and this needs to be considered and reflected in the governance structure of the municipality. The standing committee system is established through an Executive Committee reporting to Council. An Audit Committee for dealings with the City's auditors, a Statutory Public Information meeting for planning hearings, and a Management Forum for providing public participation in an informal setting are not part of the formal governance structure. Advisory committees are also utilized as part of the governance structure, in accordance with the needs of the City and legislated requirements. In reviewing the Municipal Act, the Statutory Public Information meeting does not constitute a formal meeting of Council as it does not have 50% of the members of Council appointed and/or attending the meeting. Currently, Statutory Public Meetings required for applications submitted under the Planning Act are held once a month at a single purpose meeting in the evening. These meetings may be chaired by a member of Councilor by a senior staff person from Planning and Development. The Director, Planning & Development has advised that he supports a change to this meeting structure. A combined venue for planning recommendations and statutory public meetings is common throughout the GT A, and provides an opportunity for the Mayor and Councillors to hear resident concerns respecting planning items early in the process. Under the current Statutory Public Meeting structure, residents have often voiced concern over the limited political representation, and are not satisfied that their audience at the meeting is often limited to Planning staff. This meeting is also confusing to the public as they are not sure the role this meeting has in the context of decision making. However, one concern that arises with this revised structure is that of application volume. Given the current limited development activity, there may be meetings where only Statutory Public Meeting items are on the agenda, or situations where the entire meeting will have to be cancelled. However, as development activity increases, this meeting structure will be an improvement over the current structure. The Executive Committee provides for all departments to report to Council through a detailed report guideline structure. Planning matters are always listed first on the agenda as in most cases, this is where the majority of public participation is received. One of the concerns raised by senior staff is the fact that staff not associated with the respective planning matter are expected to stay until their matter has been dealt with by Council. This can be considered an inefficient use of staff time, but also if there is a matter where the public are in attendance, they essentially have to stay through the meeting to determine when their matter will be dealt with. This does not allow for active public participation of all matters under consideration by Council. The Management Forum is one of the areas of the governance structure that appears to have outlived its purpose. In 2006, half of the Management Forum meetings were DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 cancelled due to lack of agenda items and it is often difficult for members to attend day time meetings. Management Forum meetings are generally held the third Monday of the month at 1 :30 pm and last generally for 2 hours. In 2006, approximately 12 hours was spent by elected officials and senior staff in the Management Forum meetings. There was minimal, if any, public involvement in the meetings. Public Participation Public participation has been and continues to be a strong driving force for local government in general. All municipalities are reviewing and determining ways to get their community involved in the initiatives of the City. The volunteer base in a number of municipalities has been decreasing steadily over the years, and Pickering is no exception. The public participation component of the governance structure is one that needs careful consideration. With respect to public participation on advisory committees, one of the initiatives that the City undertook in 2006 was a more proactive approach in soliciting applications for our advisory committees. We wanted to encourage new residents or perhaps residents who had not been previously involved, to become involved. We will continue this focus as vacancies occur. A number of past committee members had also expressed concern with the lack of formality of the committees; and no formal direction or workplan by which they are to work. There was also a need for Council to be informed of what the Committees were doing. To address this, the minutes of the advisory committees became part of the Council agenda, in order for all members of Council to be apprised of the work being completed by the volunteers. There is also the inherent desire by the volunteers to be appreciated by Council and by providing a formal system of reporting, this need is partly addressed. To address a more formal approach to the work of the advisory committees, an orientation session was developed for volunteers and conducted by the City Clerk. The purpose of the session was to review the City structure (elected and administrative); explain the reporting mechanisms in place; explain the workplans that are to be developed and in turn, reporting by the Committees in January starting in 2008, along with an overview of the Municipal Act, Municipal Conflict of Interest act and MFIPPA. Volunteers also need to be appreciated and by having the advisory committees present the follow up to their workplans early in the new year, Council can formally acknowledge and thank the volunteers for assisting the City by their participation on a volunteer basis. Members will be encouraged to attend the Council meeting and have the Chair make a formal presentation on the work accomplished. On the broader perspective of public participation in our governance structure, the change in the availability of the Executive Committee agenda is an exemplary start and well ahead of what other municipalities are providing to their constituents. The fact that we provide the full agenda, and not just the agenda front pages is also of benefit to our community and one that the Clerks Division will actively market once all the processes DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 have been worked out and streamlined. At the present time there appears to be a large amount of interaction with residents who know the system, but initiatives should be put in place to connect with the citizens as a whole. In summary, any changes to the governance structure should reflect a well articulated process of decision making, thereby ensuring that the decisions more often than not will be in accordance with the wishes of the community. Changes should also ensure that there are appropriate communication channels for the public to impact City policies and decision making. A further initiative for communicating with the public that commenced in 2007 after the first meeting of Council was the publication of 'Council Highlights.' This will be made available on the internet, staff intranet and provided electronically to a number of external agencies, advisory committees etc. CONSIDERA liONS Debate and discussion of matters are best kept at the committee level as it provides for informal discussion to take place, including debate on all the issues related to the subject matter. The Council meeting should be the forum by which the decision is finally considered and either approved or denied, or if necessary, referred back if there are still outstanding questions and issues to be addressed. As we all know and have experienced, committees often bring out the best and worst of our decision making processes and this is something we need to take into consideration. Council is also cognizant of the fact that inappropriate decisions often result from hasty actions or requests presented to Council at the last minute and without sufficient administrative review as to the potential implications of the community as whole. This should all be taken into consideration in the governance structure review. It is also important to note that "one of the key tenets of local government is the fact that power is vested in the Council as a whole as opposed to its individual members. Thus, no one member of Council has any legislated authority to commit Council to any particular action. Power is wielded by Council who meet as a group to discuss the issues placed on the agendas, which are subsequently adopted by Council as a whole for its consideration." This suggests that Council will make decisions for the City as a whole and not with regard to a ward benefit and reflect public opinion." When reviewing the governance structure the following should be taken into account: Effective committee meetings should reflect: . An openness to debate and points of view; . A respect for those presenting reports (staff members or members of the public) . Staff reports that have been reviewed and considered by the Chief Administrative Officer in order to ensure a high level of scrutiny and quality control; DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 . Adherence to the procedural by-law and etiquette that ensures that the meetings are conducted in a manner that is sensitive to the opinions of others; . A relaxed approach to the rules of discussion in committee so that members are free to discuss policy options, seek the opinion of others without declaring a political position. Effective Council meetings should reflect: . Adherence to the procedural by-law and agreed upon rules of engagement; . Decorum in voicing matters of dispute; . Respect for the right of others to disagree; . Respect for the Chair; . Important matters dealt early in the agenda; . Public input respected and focused; . Council questions to and through the Chief Administrative Officer; . Administrative comments to and through the Chief Administrative Officer; . A willingness to refer matters when it is apparent that there are more questions than answers. Public participation should reflect: . Agenda materials made available at the door of the Council Chambers and/or on the internet in advance of any Councilor committee meeting; . Open committee meetings that enable the public to make representation on matters on the agenda; . Council protocols that advise the public how their input will be receiving, how long they have to speak on any given item; whether or not their input can be receiving both at the committee level as well as at the Council meeting; . Respect for those attending meetings and attentiveness to their presentations; . Response by the Mayor as Council meeting chair as to when the public might expect Council to formally debate the issue of concern; . Involvement in advisory committees established to garner public response and input to matters of ongoing concern, public comments by the Mayor and Councillors expressing appreciation for their input. SUMMARY In soliciting comments from senior staff, the Chief Administrative Officer recognized that there is a need for change in how the City does business. Although process improvements in the reporting mechanisms in place are well under way, there is a need to ensure the needs of elected officials, senior staff and the public are taken into account. The Mayor also as part of his inaugural address made the commitment to have the agenda material available to the public well in advance of the meeting date and to ensure that all matters handled by Council are dealt with in a open, transparent manner. This is certainly in keeping with the recent changes to the Muncipal Act. DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 Consideration has also been made with respect to the amount of time that elected officials are now required to commit to, especially with the additional responsibilities associated with the Region of Durham and the large amount of advisory committees. Staff are also continually under pressure to meet increased demand on their time, therefore a desire to produce a governance structure that provides time effectiveness and efficiencies is critical for desired change. As part of the discussion paper and review with senior staff, it was understood that any change in the governance structure needed to provide increased public notice; provide staff with increased turn around time and time efficiencies for Council members, staff and the public. One of the recommended changes by staff is the elimination of the Statutory Public meetings. In 2006 the average meeting held was 1.5 hours in length, it is not mandatory for members of Council to attend, duplication of speakers/issues at the Executive Committee/Council; confusing to the general public and the minutes do not hold the formality of Executive/Council. One of the key reasons for the recommended elimination is when the power to hear planning matters is delegated to a committee, that committee should be comprised solely of municipal councillors. Members of Council have an interest in land use planning and more than a passing interest in and understanding of the City's planning by-laws. City Council should avoid the potential of holding duplicate hearings as it is an exercise in futility, duplication and is confusing to the general public. Public hearings for development matters should be heard early in the approval process, through a formal standing committee of Council. These public meetings should be held separately from a Council meeting in order to provide adequate time for discussion and not infringe on valuable Council meeting time. When a planning matter is delegated to a formal committee, it would still remain as an information gathering process in order to review any public concerns. Public perception is that committee hearings on Planning matters are less formal and not as intimidating as meetings of City Council, therefore public participation should be encouraged at the Committee level. Another recommended change is the elimination of the Management Forum meetings, and in keeping with the Mayor's inaugural address, the implementation of quarterly formal Town Hall style meetings. A further change suggested is to move to a three week cycle within a calendar month. This lends for the ability of members of Council to hold their own Ward community/citizen meetings as required, depending on ward issues. Lastly, it is largely felt that the Executive Committee should remain in its present form, save and except the elimination of the reporting of the Planning and Development Department to this Committee. However, the number of meetings should be reduced to reflect a more efficient use of time and to encourage public participation. DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 It should be further noted that staff were of the opinion that all members of Council would be members of the Committees' and the Chair rotate as presently practiced. This provides for a team approach with the Committees' and facilitates staff involvement with all members of Council. Attached to the discussion paper as Appendix I is a summary of municipalities that were surveyed with respect to their existing governance structure. Although there appears to be discussion by a number of municipalities to move towards a Committee of the Whole system, there is no established consistent format. Municipalities are matching their governance structure to the needs of elected officials, the administration model in effect and their community in general. Committee meetings vary with respect to day/evening meetings, but the majority of municipalities surveyed hold Council meetings in the evening. Appendix I provides an option for consideration by Council, that was prepared based on discussions with senior staff. The option provided is a base reference by which Council can review in relation to our existing structure. DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 APPENDIX I GOVERNANCE STRUCTURE MODELS - SELECT MUNICIPALITIES STANDING COMMITTEE/COUNCIL STRUCTURE REVIEW NOVEMBER 2006 7 Members All members sit on Regional & the Committees Councillors (2) and Council Ward Councillors Thursday following 1 st & (4) General 3rd Mondays Government 1 pm In Camera Committee 2 pm Regular 2nd & 4th Mondays 7pm Council Brantford, City 8 Members Public, Health, Wednesdays All members sit on of Mayor Safety & Social 4:30 pm the Committees Regional Services and Council Councillors (2) Committee Ward Councillors (5) Finance 4th Thursday of the Committee month 4:30 pm Committee of the Mondays Whole 5pm Council Mondays 6 m Brock, 7 Members Administration & 4 Week Cycle All members sit on Township of Mayor Personnel the Committees Regional Committee Week 1 and Council Councillor (1 ) 10 am Ward Councillors Finance Public Works (5) Committee 1 :30 pm Parks & Recreation Parks & Recreation Week 2 Committee 10 am Council Planning 1 :30 pm Committee Finance DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 Protection to Week 3 Persons & 10am Property Planning Committee 1 :30 pm Protection to Persons & Public Works Property Committee Week 4 10 am Council 1 :30 pm Administration & Personnel Clarington, 7 Members General Purpose 15 & 3r Mondays All members sit on Municipality of Mayor & Administration 9:30 am the Committee Regional Committee and Council Councillors (2) 2nd & 4th Mondays Ward Councillors Council 4 7 m Markham, 13 Members Development 2n & 4 Tuesdays Town of Mayor Services Part A - 11 am Deputy Mayor Committee Part B-1 pm Regional Public Meeting - 7 pm Councillors (3) 15t & 3rd Mondays Ward Councillors (8) General 9:30 am Committee 2nd & 4th Tuesdays Committee of the 5pm Whole 2nd & 4th Tuesdays Council 7pm Oakville, Town 13 Members Administrative 2n &4 Tuesday 6 Council of Mayor Services 7:30 pm members Regional Committee Mayor ex-officio Councillors (6) Ward Councillors Budget 7 meetings per year, 4 Council (6) Committee SepUNov/Jan/Feb members 7:30 p m Mayor ex-officio 2nd & 4th Tuesday Community 7:30 pm 6 Council Services members Committee Mayor ex-officio 2nd & 4th Tuesday Plannin & 7:30 m DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 Development Committee by resolution of Council Committee of the All members of Whole 1 st & 3rd Mondays Council 7:30 pm Council All members of Council Oshawa, City 11 Members Audit, Budget Week 1 5 members of Mayor and Corporate 9:30 am Mayor is an ex- Regional Services Monday officio member of Councillors/Ward Committee all Committees (7) Week 1 Ward Councillors Community 1 :00 pm (3) Services Monday Committee Week 2 Strategic 9:30 am Initiatives Monday Committee Week 2 1 :00 pm Development Monday Services Committee Council Richmond Hill, 9 Members Committee of the All members sit on Town of Mayor Whole the Committee of Regional the Whole and Councillors (2) Council - Public 1 st & 3rd Wednesdays Council Ward Councillors Meeting 7:30 pm (6) 2nd & 4th Mondays Council 7:30 m Scugog, 7 Members Personnel 4 x per year All members sit on Township of Mayor Committee 2nd Monday of month, Committees and Regional 2:00 pm Council Councillors (3) 1 st & 3rd Monday Ward Councillors General (3) Committee 9:30 am Council 2nd & 4th Monday 6:30 m Uxbridge, 7 Members Cultural No set dates, All members sit on Township of Mayor Committee Committees are subject Committees and Regional to changes in dates. Council Councillor 1 Parks Committee Time is generally the 4th DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 Ward Councillors Monday at 7:00 pm (6) Finance Committee Planning Committee Economic Development Committee Council Every Monday (no meetings on 5th Monday) Monday 9:30 am 4th Monday held at 7:00 pm Whitby, Town 7 Members Operations 15 Mondays 3 Members of of Mayor Committee 7:00 pm Council Regional Mayor ex-officio ** Just Councillors (3 at changed for large) Planning & 2nd Monday 3 Members of 2007 Ward Councillors Development 7:00 Council (3) Committee pm Mayor ex-officio Council 3rd Monday All members 8:00 pm No meetings held on the 5th Monda of a month DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 APPENDIX II GOVERNANCE STRUCTURE MODEL FOR CONSIDERATION Governance model is based on a calendar month, with the fifth Monday of a month a free month as currently practised. Allows for monthly televised meetings and the ability to provide enhanced communication to the members of the public by their elected officials. Consideration should be made to change the start time of meetings to 7:00 pm. Week One - first Monday of a month Planning and Development Committee (includes statutory public meetings) Week Two - second Monday of the month Executive Committee Week Three - third Monday of the month Council [all formal Council decision matters from the Planning and Development Committee and the Executive Committee are handled at this meeting] Week Four - fourth Monday of the month There is no formal meeting scheduled on the fourth Monday of the month. Members of Council can utilize this Monday to schedule community forums/meetings with their constituents as required. Quarterly Mondays (ie: March/June/September/December) will be reserved for the formal Town Hall meetings. Rogers schedule would continue for coverage of the Council meetings, as currently provided. DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 Calendar of Suggested Governance Structure 2007 Jan 1 - 5 Jan 8 - 12 Jan 15 - 19 Jan 22 - 26 Jan 29 - Feb 2 Feb 5 - 9 Feb12-16 Feb 19 - 23 Feb 26 - Mar 2 Mar 5 - 9 Mar 12 - 16 Mar 19 - 23 Mar 26 - 30 Apr 2 - 6 Apr 9 - 13 City of Pickering Clerk's Division Council and Committee Meeting Schedule 2007 TUESDAY WEDNESDAY THURSDAY FRIDAY DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 Apr 16 - 20 Apr 23 - 27 Apr 30 - May 4 May 7 - 11 May 14 - 18 May 21 - 25 May 28 - June 1 June 4 - 8 June 11 - 15 June 18 - 22 June 25 - 29 Jul 2 - 6 Jul 9 - 13 Jul 16 -20 July 23 - 27 July 30 - Aug 3 Au ust 6 - 10 August 13 - 17 August 20 - 24 August 27 - 31 Sep 3 - 7 Sep 10 - 14 DISCUSSION PAPER COUNCIL GOVERNANCE STRUCTURE February 2007 Sep 17 - 21 Oet8-12 Oet 15 - 19 Oet 22 - 26 Oet 29 - Nov 2 Nov 5 - 9 Nov 12 - 16 Nov 19 - 23 Nov 26 - 30 Dee 3 - 7 Dee 10 - 14 Dee 17 - 21 Dee 24 - 28 Dee 31 - Jan 4 Procedural By-law Discussion Paper February 2007 DISCUSSION PAPER PROCEDURE BY-LAW February 2007 INTRODUCTION As part of the review of regulatory by-laws and Council Secretariat process improvements, revisions are being recommended to the Council Rules of Procedure by- law. In accordance with the passage of the new Municipal Act in 2003, the City was required to pass a new procedure by-law in accordance with Section 238(2) of the Act. With further amendments to the Municipal Act in December 2006, which came into force on January 1, 2007, there is a further requirement to update our procedure by-law to reflect public notification. Our present by-law currently reflects the 1980 Municipal Act and it is not only prudent for us to repeal and replace our existing by-law to reflect our current processes, but we are also legally required to do so. BACKGROUND The Council Rules of Procedure by-law has been updated a number of times, the last revision on May 17, 2004. At the present time, By-law 3665/91 has six amendments, and it is wise to complete some general housekeeping matters within the by-law to incorporate current practices and consolidate the amendments that have occurred since 1995, along with implement the provisions of regulating the governing of the calling, place and proceedings of meetings as outlined in the Municipal Act. Every municipality or local board is required to pass a procedure by-law governing the calling, place and proceedings of meetings in accordance with Section 238(2) of the Municipal Act, 2001. Municipal procedure by-laws in Ontario range from two page enactments for smaller municipalities, up to comprehensive by-laws such as the City of Toronto. Procedure by-laws should be based upon the following general framework: . Title and recitals . Index . Definition and interpretation . Duties of the head of council . Time of the first/regular council meetings . Special meetings of council and the provision of notice for such meetings . Open and closed meetings . Establishment, composition and terms of reference of standing committees and other committees of council . Provisions for delegating to a committee the power to hold a hearing or give parties an opportunity to be heard, pursuant to the provisions of the Municipal Act . Appointment of members to act in the place of the head of council, subject to the provisions of the Municipal Act . Order of proceedings in council . Proceedings in the absence of a quorum . Rules of conduct and debate in council DISCUSSION PAPER PROCEDURE BY-LAW February 2007 . Recorded votes, in accordance with the Municipal Act . Notices of motion and matters which may be introduced orally without written notice and without leave . Points of order and privilege . Conduct of members of council at meetings . Council and committee agendas . Order of matters at council . Motions and amendments . Specific rules of debate . Referrals, deferrals and motions to adjourn . Powers of reconsideration . The enactment of by-laws, including confirmatory by-laws . Petitions and communications . Rights of the public to appear at council, committee or other meetings . Regulations for the conduct of business in committees . Duties of the Clerk and secretaries to committees, in accordance with the Municipal Act . Appointments to boards and commissions . Amendments to or suspension of the procedure by-law. In January 2006, the City Clerk presented a revised procedure by-law in order to reflect current practices. A public meeting was held for this purpose in accordance with the Municipal Act. However, this matter was deferred pending upcoming changes presented through Bill 123, the Transparency in Public Matters Act. After much debate, this Bill was not passed and subsequent to that, the Province advised of changes to the Municipal Act, which in turn would reflect changes with municipal regulatory by-laws. Based on this, the Chief Administrative Officer directed that this matter be presented at the new term of Council, taking into account proposed changes to the Municipal Act. OVERVIEW The purpose of parliamentary procedure is to make it easier for people to work together effectively and to help groups accomplish their purpose. For municipal councils, this means that the procedural by-law must assist in the effective decision making of municipal council. Rules of procedure should assist a meeting and not inhibit. That was and continues to be the intent of suggested changes to the existing by-law by the Chief Administrative Officer and the City Clerk, along with significant input from the senior management team. The ultimate intent is to repeal the existing by-law and replace it with a comprehensive procedural by-law that has had input from all levels of the organization and reflects the current business practices. Aside from the requirements of the Municipal Act, there are six general principles of parliamentary law that underlie any meeting, i.e.; the majority must be allowed to rule, DISCUSSION PAPER PROCEDURE BY-LAW February 2007 the minority have rights that must be respected, members have a right to information to help make decisions, courtesy and respect for others are required, all members have equal rights, privileges and obligations and members have a right to an efficient meeting. Detailed rules of procedure arise from these principles. Some aspects of parliamentary procedure at the municipal level have been confusing at best. At the present time, and as noted by the City Solicitor, there is no general legislative requirement that municipal by-laws must receive three readings prior to enactment. However, there are certain by-laws, such as under the Drainage Act, that do require municipal councils to complete three readings of a by-law. Due to this lack of a formal set of provincial parliamentary rules by which municipal councils must govern their meetings, a procedural by-law becomes a key regulatory document. Recent changes to the Municipal Act, (Bill 130) along with changes incorporated with the Municipal Act, 2001, need to be reflected with the new procedural by-law. Specifically, the procedure by-law needs to reflect the closed meeting provisions, including the reasons by which council may go into a closed meeting, but also reflect the new regulations of public notification. Due to the recent changes to the Municipal Act, there has been a strong initiative by the Province for municipalities to be more open and accessible, and to ensure that public participation is encouraged. The City's procedural by-law is required to adhere to the provisions governing meetings as contained in the relevant enabling legislation, notably the Municipal Act. In the Municipal Act, 2001, procedure by-laws were required to ensure the following was incorporated: . The first meeting of a new council shall be held at the time set out in the municipality's procedure by-law (s. 230); . Council shall hold its meetings and keep its public offices within the municipality or an adjacent municipality at a place set out in the municipality's procedure by- law (s. 236); and . A municipality and local board shall give notice of an intention to pass a procedure by-law (s. 238 (4)). The recent changes to the Municipal Act state that the public notification of all meetings must be provided within the procedural by-law. Council has also been given firm direction by which it may go into a closed session of Council, along with specific provisions relating to the recording of what are considered mandatory records of the municipality, (ie: minutes of all meetings of council and committees). The Association of Municipal Clerks and Treasurers have created a procedural by-law template upon the passage of the Municipal Act, 2001 along with the most recent changes, and this has been referenced as part of the review of the existing procedural by-law. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 SUMMARY Highlights of proposed changes to reflect current practice, but also statutory requirements are noted as follows: . Preamble to reflect the current Municipal Act provisions and title to reflect the current wording within the Municipal Act; . Implementation of a definition section; . Outline order of business for the first meeting of Council; . Address the matter of open and closed meetings in accordance with the Municipal Act; . Provision of Special Meeting notice procedures; . Inclusion of guidelines for Advisory Committees; . Reflect current practices with respect to the Order of Business; . Reflect current practices with respect to the Agenda in Council; . Recording of minutes to reflect current legislative requirements; . Public notification procedures in accordance with current legislative requirements. The attached Appendix I to this discussion paper outlines the existing procedural by-law with changes proposed clearly highlighted. The overall goal of the Procedural By-law is to reflect current business practices, including council secretariat standards, along with providing specific guidelines by which the City is to conduct its business. Once discussion has taken place and comments/changes received, the City Clerk will present a new procedural by-law and repeal By-law 3665/91, as amended. It is anticipated that this can be completed by March 2007 to ensure compliance with the statutory provisions within the Municipal Act. It should be noted, that in the event of changes to the governance structure, the procedural by-law would be changed to reflect this. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 APPENDIX I rBy-law 3665/91 used as the master documentl THE CORPORATION OF THE CITY OF PICKERING DRAFT PROCEDURAL BY-LAW Being a by-law to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. 'Nhereas pursuant to section 101 of the Municipal Act, R.S.O. 1980, chapter 302, as amended, every Council may pass such by laws for governing the proceedings of the council, the conduct of its members and the calling of meotings; Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: DEFINITIONS 1. In this By-law; a) "Act" means the Municipal Act, S.O. 2001, c.25, as amended or re- enacted from time to time; b) "Chair" means such Councillor as may be delegated for the purpose of a Standing Committee and in the case of Advisory Committee, means the Chair of the Advisory Committee appointed in accordance with the terms of reference for the Advisory Committee; c) "Chief Administrative Officer" means the Chief Administrative Officer of the City of Pickering; d) "Clerk" means the Clerk of the City of Pickering; DISCUSSION PAPER PROCEDURE BY-LAW February 2007 e) "Committee" means Committees including Standing Committees, Ad-Hoc Committees and Advisory Committees, which may be appointed by Council from time to time; f) "Council" means the Council of the City of Pickering; g) "Mayor" means the Mayor of the City of Pickering' h) "Meeting" means any regular, special, committee or other meeting of Council and advisory committee; i) "Member" means a member of the Councilor Committee. j) "Recorded Vote" means the making of a written record of the name and the vote of each Member who votes on a question; k) "Rule of Procedure: means the rules and regulations which are set forth in this by-law; I) "Substantive Motion" means any motion except one of the following: i) to refer; ii) to defer/postpone; iii) to amend; iv) to table the question; v) to recess; vi) to put the question; vii) to reconsider; viii) to adjourn; ix) to divide. APPLlCA liON 2. The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and shall be the rules of order and dispatch of business in Council and, where applicable in a Committee. In the case for which provision is not made in this By-law, the procedure to be followed shall be determined by a majority vote of the Members present and voting. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 MEETING OF COUNCIL 3. Inauqural First Meetinq a) The inaugural first meeting of Council shall be held on the first Monday after Council takes office pursuant to the Municipal Elections Act; b) The order of business for the first meeting of Council shall be as follows: i) Call to Order ii) Invocation iii) Swearing in ceremony iv) Inaugural address v) Adjournment. 4. Reqular Meetinqs All regular meetings of the Council shall be held on the first and third Monday of each month at the hour of 7:30 p.m. o'clock in the afternoon unless otherwise provided by resolution of the Councilor unless such a day shall be a public or civic holiday in which case the Council shall meet at the same hour on the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of the Council. 5. Special Meetinqs Special meetings of the Council may be held at the call of the Mayor who shall direct the Clerk to notify the Members of Council of the date, time and purpose of the special meeting. The Mayor may at any time summon a special meeting of Council on t\o.<enty four hours notice to the Members. Upon receipt of a petition of the majority of the Members of Council, the Clerk shall call a special meeting for the purpose and at the time and date mentioned in the petition. a) In addition to regular meetings, the Mayor may at any time summon a special meeting of Council by giving written direction to the Clerk stating the date, time and purpose of the special meeting; b) Upon receipt of a petition of the majority of the Members of Council, the Clerk shall call a special meeting for the purpose and at the time and date mentioned in the petition; DISCUSSION PAPER PROCEDURE BY-LAW February 2007 c) The Clerk shall give all Members notice of a special meeting of Council twenty-four hours before the time appointed for such meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail address provided by the Member of Council to the Clerk for delivery of Notices, and in default of provision of such address, to the member's City Hall office; d) The notice to be given under clause c) shall indicate the nature of the business to be considered at the special meeting, date, time and place of the meeting; e) No business other than that indicated in the notice shall be considered at the special meeting. 6. Place of MeetinQs All regular meetings of the Council shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by Council. 7. MeetinQ Called To Order The Mayor, as soon after the hour is fixed for the holding of the meeting of the Council and if a quorum is present, shall take the Chair and call the meeting to order. 8. Absence of Mayor: a) If the Mayor does not attend within fifteen minutes after hour is fixed for the holding of the meeting of the Council and if a quorum is present, an Acting Mayor who has been appointed to this position by by-law shall preside over the meeting and have the same authority as the Mayor would have had if present. b) When the Mayor and Acting Mayor are absent or refuse to act, the Council may by resolution appoint one of its members to act in the place and stead of the Mayor and Acting Mayor, and such Member shall have the same authority as the Mayor. 9. Quorum If a quorum is not present one-half hour after the time appointed for a meeting of the Council and/or Committee, the Clerk shall record the names of the Members present and the meeting shall stand adjourned until the next meeting. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 COMMITTEES 10. a) There shall be an Executive Committee, to be considered as a Standing Committee for the purposes of this By-law, to be organized as follows: i) The Executive Committee shall be comprised of all Members of Council. ii) The Committee shall meet on the second and fourth Monday evening of each month at 7:30 p.m. in the Council Chambers. iii) The Chair of the Committee shall be rotated each meeting amongst the Members of Council, excluding the Mayor, in alphabetical order. iv) The Executive Committee shall enquire into and report to Council on any matter within the jurisdiction of the City of Pickering any other matter referred to it by Council. b) There shall be a Management Forum to be organized as follows: i) The Forum shall be comprised of all Members of Council. fij The Forum shall meet every three weeks at 1 :30 p.m. to commence on a date to be determined by the Mayor. on the third Monday of the month at 1 :30 pm. iii) The Forum shall be chaired by the Mayor. iv) The Management Forum shall be a venue for informal discussion on any matter within the jurisdiction of the City of Pickering. 11. Notwithstanding Section 8 of this By-law, (a) Council may consider any matter without referring it to a Committee or may refer it to two or more Committees or rofor it to tho Committeo of tho \^fhole and may withdraw a matter from a Committee at any time. (b) Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. 12. The rules of procedure set out in this By-law shall be observed in meetings of the Committees insofar as they are applicable, provided that, DISCUSSION PAPER PROCEDURE BY-LAW February 2007 (a) a recorded vote shall not be taken on a question before a Committee; (b) the rules in respect to the introduction of new business in Council and the hearing of delegations shall apply to Committees unless otherwise decided by the Committee; (c) persons that are present at a Standing Committee meeting to speak to all item on the agend3 3re not required to register as a doleg3tion. a matter that is a statutory public meeting are not required to register as a delegation. All other members of public who wish to address the Committee with respect to a matter on the agenda are to register with the Clerk by no later than 4:00 pm on the day of the subject meeting. (d) the agendas, minutes and any written notices pertaining to any Standing Committee shall be sent to all Members of Council. (e) a report, setting out the recommendations of the Committee, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. (f) Special Meetings of the Standing Committees, (i) May be called by the Mayor on condition that the Committee does not meet while Council is meeting. (ii) May be called by the Mayor when requested to do so by a majority of Members of Council. (iii) Written notice of a Special Meeting of a Committee must be given to all Members of Council at least twenty-four hours before the time appointed for such meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail address provided by the Member of Council to the Clerk for delivery of Notices, and in default of provision of such address, to the member's City Hall office; (iv) The written notice to be given under clause (iii) shall indicate the nature of the business to be considered at the Special Meeting and the date, time and place of the Meeting. (v) No business other than that indicated in the written notice shall be considered at the Special Meeting. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 g) All Advisory Committees of Council are required to adhere to the general terms of reference for all advisory committees and at the first meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to Council for approval by no later than March following a municipal election. h) All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council. ORDER OF BUSINESS 13. a) The order of business for the regular meetings of Council shall be as follows: i) Meeting Called To Order ii) Invocation iii) Minutes of Previous Meetings iv) Presentations v) Delegations vi) Correspondence vii) Committee Reports viii) Motions New and Unfinished Business ix) Motions and Notices of Motion x) By-laws xi) Confidential Council xii) Confirmation By-law xiii) Adjournment b) All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a vote of the majority of the Members present and voting. c) A meeting or part of a meeting may be closed to the public if the subject matter being considered is: i) the security of the property of the City; ii) personal matters about an identifiable individual, including employees of the City; iii) a proposed or pending acquisition of disposition of land for City purposes; DISCUSSION PAPER PROCEDURE BY-LAW February 2007 iv) labour relations or employee negotiations; v) litigation or potential litigation, including matters before administrative tribunals, affecting the City; vi) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; vii) a matter in respect of which Council may hold a closed meeting under another Act. 13. Committee of the 'Nhole: \A/hen it appears that any matter may be more conveniently considered in Committee of the '.^/hole, Council may on motion resolve into a Committee of the '.^/hole, and the proceedings taken in Committee v:hen adopted by Council shall be deemed to be the proceedings of Council. The Mayor may preside in the Committee of the '.^.thole or may request the Acting Mayor to preside. 14. Duties of the Mavor: It shall be the duty of the Mayor to, a) expel or exclude from any meeting any person who has been guilty of improper conduct at the meeting, b) announce the business before the Council in the order of which it is to be acted upon, c) put to vote all questions, which are regularly moved and seconded, or necessarily arise in the course of the proceedings, and to announce the result, d) decline to put to vote motions which infringe the rules of procedures, e) restrain the members, when engaged in debate, within the rules of order, f) to open the meeting of Council by taking the Chair and calling the Members to order, g) to enforce on all occasions, the observance of order and decorum among the Members, DISCUSSION PAPER PROCEDURE BY-LAW February 2007 h) to call by name, any Member persisting in breach of the rules and regulations of the Council, thereby ordering the Member to vacate the Council Chamber, i) to authenticate by signature, when necessary, all by-laws, resolutions and minutes of Council, j) to inform the Members of Council on any point of order, k) to perform other duties when directed to do so by a resolution of Council, I) to represent and support Council, declaring its will and implicitly obeying its decisions, m) to adjourn the meeting when the business is concluded, and n) to adjourn the sitting without the question being put or to suspend or recess the sitting for a time to be named if considered necessary because of grave disorder. 0) to make presentations to any charity, organization, government, or person, on behalf of Council, at a proceeding of Councilor its committees. Where a presentation is made to an organization or charity on which a Member of Council has been appointed to sit, the presentation shall be jointly made with the Mayor and the appointed Member of Council. Where otherwise appropriate, presentations may be made jointly with another member or members of Council. p) to accept presentations to the City of Pickering, carried out at a proceeding of Councilor its committees. Where a presentation is accepted from an organization or charity on which a Member of Council has been appointed to sit, the presentation shall be jointly accepted with the appointed Member of Council. Where otherwise appropriate, presentations may be accepted jointly with another member or members of Council. q) to recite the Invocation. RULES OF DEBATE IN COUNCIL AND COMMITTEES OF COUNCIL 15. Decorum Durino Debate: ~. l;il I DISCUSSION PAPER PROCEDURE BY-LAW February 2007 During debate, and while the Chair is speaking, or the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way. 16. Recoanition of Member Every Member shall raise their hand and be recognized by the Chair prior to speaking to any matter or motion. 17. Order of Speakers When two or more Members raise their hands to speak, the Chair shall designate the Member who has the floor who shall be the Member who, in the opinion of the Chair, raised their hand first. 18. Requirement to Vote When a motion is put, every Member present at a meeting shall vote unless they have a conflict of interest. If a Member refuses to vote, the Member shall be deemed to have voted in the negative. 19. Decorum While Callina Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat and shall remain in their seat until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 20. Interruptions When a Member is speaking, no other Member shall pass between the Member and the Chair or interrupt except to raise a point of order. 21. Requirement to Read Motion Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 22. Speaking to a Motion a) No Member shall speak more than once to the same motion except, i) with leave of the Chair, in explanation of a material part of their speech which may have been interpreted incorrectly, ii) with leave of the Chair, after all other Members so desiring have spoken, iii) a reply may be allowed by leave of the Chair to the Member who presented the motion, in which case the Member shall speak for no longer than a five minute period. b) Except with the leave of the Chair, no Member shall speak longer than ten minutes to the motion before Council. 23. Questioninq the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding paragraph (a) above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion but only for the purpose of obtaining information, following which the Member shall speak. 24. Proceedings Decided by Chair In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal to Council on a point of order. POINTS OF ORDER AND PRIVILEGES 25. Questions of Order The Chair shall preserve order and decide questions of order. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 26. Rules For Risinq on Points of Order and Privileqe a) When a Member rises on a point of order, the Member shall ask leave of the Chair to raise a point of order and after leave is granted, the Member shall state the point of order to the Chair and await the decision of the Chair on the point of order. b) Thereafter, a Member shall only address the Chair for the purpose of appealing the Chairs decision to Council. c) If the Member does not appeal, the decision of the Chair shall be final. d) If the Member appeals to Council, it shall be done by a duly moved and seconded motion and Council shall decide the question without debate and the decision shall be final. e) When a Member has a question of privilege or considers that their integrity or the integrity of the Council as a whole has been impugned, the Member may as a matter of privilege, and with the leave of the Chair, rise for the purpose of drawing the attention of Council to the matter. CONDUCT OF MEMBERS OF COUNCIL 27. Respectful Lanquaqe No Member shall speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant- Governor of any Province, of any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario. 28. Unparliamentary Lanquaqe No Member shall use offensive works or unparliamentary language in or against Councilor against any Member. 29. Speakinq in Council No member shall speak on any subject other than the motion being debated. 30. Criticism of Council Decisions No Member shall criticize any decision of Council except for the purpose of moving a motion to be reconsidered. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 AGENDA IN COUNCIL 31. Minutes a) The Clerk shall cause minutes to be taken of each meeting of Council, which shall include: i) the place, date and time of the meeting; ii) the names of the presiding officer or officers and the record of the attendance of the members; iii) the reading, if requested by a majority of members present and voting, the correction, if necessary and the adoption of the minutes of the previous meeting; iv) all other proceedings of Council without note or comment. b) It shall be the duty of the Clerk to ensure that the minutes of the last regular meeting and all special and standing committee meetings held prior to a regular meeting are included with the agenda and delivered to each member no later than the Friday preceding the holding of such regular meeting. 32. Presentations a) Charities, organizations or individuals wishing to address Council to inform members of special events or achievements, and to seek Council's recognition of the event or achievement, shall request the opportunity to be granted presentation status. b) The request for presentation status shall be submitted to the Clerk, in writing, no later than fourteen days preceding the meeting at which the presentation is to be made. c) Persons desiring to verbally present information of an urgent nature to the Council may be heard upon a two-thirds majority vote of the members present. 33. Deleaations a) With respect to Meetings of Council, persons desiring to verbally present information on matters of fact or to make a request before Council may be heard on leave of Council but shall be limited in speaking not more than ten minutes and shall notify the Clerk no later than noon of the preceding DISCUSSION PAPER PROCEDURE BY-LAW February 2007 Friday Thursday of appearing before Council and state the nature of the issues they wish to address. For matters related to the Standing Committee that are being presented to Council, delegations may be heard provided they have first appeared before the appropriate Standing Committee and a majority of the Members present vote to hear the delegation. A delegation consisting of more than five persons shall be entitled to two speakers with each limited to speak not more than ten minutes. b) With respect to Meetings of Committees, persons desiring to verbally present information on matters of fact, (or to m3ke 3 request of Council), on an item not includod related to items on the agenda may be heard on leave of the Committee but shall be limited in speaking to not more than ten minutes and shall notify the Clerk no later than 4:00 pm on the day of appearing before Committee and state the nature of the issues they wish to address. c) The priority in which delegations shall be considered by council shall be in accordance with the following: i) known and listed delegations arranged with the Clerk prior to the distribution of the agenda. Delegations shall be listed in the agenda in the order in which requests are received by the Clerk, it being understood that where more than one person wishes to make a presentation on a particular matter the proponent or his or her authorized representative will be listed last in order to afford the proponent the opportunity of making presentation after all other interested persons have done so; ii) persons who, subsequent to the preparation of the agenda and prior to the commencement of the meeting, apply in writing to the Clerk to be heard. 34. Correspondence a) Correspondence intended to be presented to the Council shall be legibly written or printed and shall not contain any impertinent or improper matter or language and shall be signed by at least one person and filed with the Clerk. b) Any correspondence received shall include electronic mail provided it includes the computer address and full name of the sender and is received by the Clerk not later than Thursday noon before the meeting of the Council. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 c) The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda. d) All correspondence on any subject within the cognizance of a standing committee shall, on presentation, unless otherwise disposed of by the Council, be referred to the standing committee. 35. Committee Reports Standing committee reports which are to be adopted by the Council shall be listed under the Committee Reports section of the agenda. 36. New and Unfinished Business a) Departmental reports which are deemed by the Chief Administrative Officer to be of an urgent nature, which have not been considered by a standing committee, shall be listed under the New and Unfinished Business section of the agenda for Council's consideration. b) A member may, with the consent of two-thirds of the members present, introduce a motion under New and Unfinished Business which due to its urgent nature cannot be properly presented at a meeting of a standing committee. 38. Notices of Motion [this section has same intent of existing by-law but has been reworded into simple language the reflects current practice] a) A member desiring to introduce a main motion at a meeting regarding a matter that would not otherwise be considered by the Council at such meeting, other than a motion introduced in accordance with the provisions of Section *** of this by-law shall deliver a written copy of the motion, signed by the mover and seconder, to the Clerk not later than Thursday noon before the regular meeting of Council at which notice of the motion is to be given. b) The Clerk, upon receipt of a notice of motion, shall print the motion in full in the agenda for the next regular meeting of the Council. c) A notice of motion shall not be considered or otherwise disposed of by Council at the regular meeting at which it is first introduced but may be considered or otherwise disposed of at any subsequent meeting of the Council provided the mover of the motion is in attendance at the meeting. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 d) Any member of the Council may agree to second a notice of motion if the seconder is absent from the meeting. e) A notice of motion that is called for by the Mayor at two (2) meetings of the Council and has not been proceeded with shall be removed from the agenda unless otherwise directed by Council. 37. By-laws a) The Mayor shall introduce the reading of the by-laws, and shall request a motion for the first and second reading of the by-Iaw(s) under consideration. b) The first reading of a by-law shall be decided without amendment or debate. c) Every by-law shall have three readings prior to being passed by Council. d) Every by-law when introduced, shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act which shall be complete with the exception of the number and date of the by-law. e) Every by-law which has been passed by the Council shall be numbered, dated and shall be sealed with the seal of the Corporation and signed by the Mayor and the Clerk and shall be deposited by the Clerk in his/her office for safekeeping. 38. Confirmatory By-law At the conclusion of all regular and special meetings of the Council, and prior to the adjournment, a by-law shall be brought forward to confirm the actions of the Council in respect of each motion, resolution and other action taken subsequent to the last regular Council meeting. A confirmatory by-law, when introduced, shall be taken as having been read and shall be voted on without debate. 8. Adiournment The Council may adjourn upon a motion, which is non-debatable, approved by the majority of members present, the meeting shall adjourn. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 MOTIONS 40. SecondinQ A motion must be formally seconded before the Chair can put the question or for it to be recorded in the minutes. 41. Withdrawal After a motion is read or stated by the Chair, it shall be deemed to be in possession of Council, but may, with the permission of Council, be withdrawn at any time before decision or amendment. 42. Priority of Disposition A motion properly before Council for decision must be disposed of before any other motion or matter can be introduced with the exception of anyone of the following: a) a point of order or personal privilege b) to table c) to divide d) that the question be now put e) to refer f) to defer g) to amend h) to suspend any section of the Rules of Procedure i) to recess j) to adjourn DISCUSSION PAPER PROCEDURE BY-LAW February 2007 43. Deferral Motions A motion to defer to a certain day or for a particular reason shall be in order after a motion is read or stated by the Chair and debate shall be confined to the propriety of the deferral. 44. Amendments A motion to amend, a) shall be presented in writing if requested by the Chair, b) shall be relevant to the original motion, c) a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original motion, d) only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion, e) shall be disposed of by Council before the original motion, f) shall not be received if it proposes a direct negative to the original motion. 45. The Previous Vote on the Question A motion for the previous that a vote on the question be now taken; a) cannot be amended or debated, b) cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put, c) when resolved in the affirmative, the original motion is to be put forward without debate or amendment, d) can only be moved in the following words: "That the question be now put" or "Call the question". e) a motion 'that the question be now put' question requires a two-thirds vote of the Members present. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 46. Adiournment A motion to adjourn, a) shall always be in order except as provided in this section and shall be put immediately without debate, b) when resolved in the negative, cannot be made again until after some intermediate proceedings shall have been completed by Council, c) is not in order when a Member is speaking nor during the verification of a vote, d) cannot be amended, e) is not in order immediately following the affirmative resolution for the previous question. 47. Privileqe A motion on a matter of privilege shall receive disposition of Council upon receipt and, when settled, the question so interrupted shall be resumed at the point where it was suspended. 48. Reconsideration: a) After a substantive motion has been decided, any Members who voted or are deemed to have voted thereon in the majority, may at any time prior to adjournment of the meeting at which such substantive motion was decided, give notice in writing that they will move, at the first meeting held thereafter, a reconsideration motion. b) The Council shall immediately upon receipt of such notice, vote as to whether or not the notice will be considered at the first meeting held thereafter, and should the ensuing division result in the minority vote being less than one-third of those present and voting, such notice for reconsideration shall be declared lost. c) After such notice has been given and accepted, no action shall be taken to carry into effect the original motion until after the motion to reconsider has been disposed of at the next regular meeting or a special meeting called consider the accepted notice. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 d) Every motion for reconsideration considered at a subsequent meeting shall be declared lost, unless passed with the majority of the Members of Council present and voting. e) No discussion of the original motion shall be allowed upon presentation of a notice for reconsideration or upon an accepted notice for reconsideration or upon the motion to reconsider until the Council has voted to reconsider the same, but the Member giving such notice may have the privilege of stating the reasons for doing so. f) No motion upon which a notice for reconsideration has been accepted shall be considered more than once, nor shall a vote to reconsider be reconsidered. g) The words "the first meeting held thereafter" in paragraphs (a) and (b) hereof shall mean the first regular meeting of Councilor a special meeting called to consider an accepted motion for reconsideration. 49. Referral Motions A motion to refer or to refer back a motion or matter to a Committee or a member of staff with instructions may be amended but shall be disposed of by Council before the original motion or any other motion pertaining to the original motion. 50. Motion to Divide A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members present and voting. 51. Motion to Rescind A motion to rescind a previous resolution of Council requires a majority vote of the Council provided that notice has been given at the previous meeting or in the call of the meeting and if notice has not been given, a motion to rescind requires a two-thirds vote of the Members present and voting. 52. Motion to Table A Member shall not be allowed to speak to a motion and immediately move a tabling motion. 53. NeQative Motion DISCUSSION PAPER PROCEDURE BY-LAW February 2007 A motion to rescind a defeated motion of Council is not required, and the subject matter may not be reintroduced or debated in any form without leave of Council upon a majority vote of the Members present and voting. VOTING ON MOTIONS 54. Question State Immediately preceding a vote, the Chair may state the motion in the form introduced and shall do so if requested by a Member. The Motion shall be stated in the precise form in which it will be recorded in the minutes. 55. No Interruption After Question After the Chair has called the vote on a motion, no Member shall speak to the motion or shall any other motion be presented until, after the vote and the result has been declared. 56. Vote Not Allowed A Member shall not be entitled to vote on any part of a divided motion, if the Member did not vote on the motion to divide. 57. Unrecorded Vote The manner of determining the decision of Council on a motion shall be by the prominent show of hands. 58. Disaqreement With Result of Vote If a Member disagrees with the announcement of the Mayor that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a recorded vote shall be taken. 59. Recorded Vote of Council Where a vote of Council is taken for any purpose and a Member requests immediately prior or immediately subsequent to the taking of the vote that the vote be recorded, each Member present, beginning with the requester of the recorded vote and alphabetically thereafter, except a Member who is disqualified from voting by any Act, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. If a Member refuses to vote, the Member shall be deemed to have voted in the negative. DISCUSSION PAPER PROCEDURE BY-LAW February 2007 60. Vote of Head of Councilor Presidinq Officer The Head of the Council, or the Presiding Officer, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions, and, except where otherwise expressly provided by the Municipal Act, any question on which there is an equality of votes shall be deemed to be negative. 61. Two-Thirds Vote A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative: five of seven Members four of six Members three of five Members three of four Members 62. Vote Not Allowed A member not in their seat when the question is called by the Chair is not entitled to vote on that question. GENERAL 63. Recordinq of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it be closed to the public or not; The record required in accordance with the Municipal Act shall be made by: i) the Clerk, in the case of a meeting of council; or ii) the appropriate officer, in the case of a meeting of a committee. 64. Public Notification Public notification shall be deemed to have been given by the posting of the Councilor Committee agenda on the City website and available for public review in the office of the City Clerk by no later than 2 pm on the Friday preceding the DISCUSSION PAPER PROCEDURE BY-LAW February 2007 regularly scheduled meeting. For special meetings, notice of the special meeting shall be posted on the website at least twenty-four hours preceding the meeting. 65. Continqencies In all contingencies not provided for in this section, the question shall be decided by the Chair and in making such a ruling; the decision shall be based on Roberts Rules of Order. 66. Suspension of Rules Any procedure required by this section may be suspended with consent of not less than two-thirds of the Members present. 67. Commencement and Administration a) This by-law shall be administered by the Clerk. b) By-laws 3665/91, 4565/95, 5874/01, 5933/01, 6251/04, 6321/04 and 6334/01 are hereby repealed. c) The short title of this by-law is the "Procedural By-law". By-law read a first, second and third time and finally passed this **th day of March, 2007. David Ryan, Mayor Debi A. Bentley, City Clerk Council Compensation and Benefits Policy February 2007 RES #74/05 May 2, 2005 [Report CS 30-05] SALARY, EXPENSES AND COMMUNICATIONS RESPECTING MEMBERS OF COUNCIL SALARY: 1. The remuneration payable to the Mayor shall be: a) $63,654 per annum effective January 1, 2005 b) Commencing on January 1, 2006 and on every January 1st thereafter, the annual salary of the Mayor shall be increased at the same rate/percentage provided to those employees covered by the Collective Agreement for CUPE Local 129 on April 1 st of the immediate preceding year. 2. The remuneration payable to a Councillor shall be: a) $26,523.00 per annum effective January 1, 2005 b) Commencing on January 1, 2006 and on every January 1st thereafter, the annual salary of a Councillor shall be increased at the same rate/percentage provided to those employees covered by the Collective Agreement for CUPE Local 129 on April 1st of the immediate preceding year. c) A Councillor shall be paid a per diem rate of 1.0% of their annual salary for a total of ten days for attending a full day meeting, workshop, seminar or convention. Per diem payments payable to Councillors shall be paid monthly. Per diem payments shall cease on the last day that the Councillors remains in office and shall be pro-rated accordingly. 3. Remuneration payable to Members of Council shall be based on an annual rate and paid bi-weekly. Remuneration to Members of Council shall cease on the last day that the Member remains on the Council of the City of Pickering. 2 ALLOWANCES: 4. Reimbursement shall be provided to Members of Council for the cost of meals to discuss matters of City business or attending functions that are connected to the business of the City as may be provided in the annual budget. a) With respect to mealsl reimbursement shall be provided only for reasonable food and liquor expenses. b) With respect to meals, no reimbursement shall be provided unless the original restaurant bill or transaction slip is submitted, and the number of persons attending the meal and the general purpose of the meal is noted. 5. A travel allowance as determined in the annual Current Budget shall be provided to each Councillor. a) The travel allowance shall be paid on a monthly basis. b) The travel allowance shall be deemed to provide for all travel and travel-related expenses within the GT A and shall include but not be limited to fuel, parking, highway tolls, taxi fares, public transportation fares and valet services. c) This travel allowance excludes travel expenses related to conventions outside the GT A as set out in Section 6. d) Travel outside the GTA shall be paid at the per kilometer rate of reimbursement approved in the Current Budget or economy class return air fare between Toronto and the destination, whichever is the lesser. 6. An allocation of $3,000 per Councillor shall be provided in each annual budget to provide for conventions. a) For the purposes of Section 6, the word "convention" shall include seminars and workshops as provided in the annual budget and excludes conventions paid by other City-related agencies such as the Region, Veridian, etc. b) Convention expenses shall include actual accommodation and registration costs and, if applicable, travel and meals. 3 c) Travel necessary for conventions outside the GT A shall be paid at the per kilometer rate of reimbursement approved in the Current Budget or economy class return air fare between Toronto and the destination, whichever is the lesser. Other travel related expenses such as parking, vehicle rentals, taxi fares, public transportation fares and highway tolls incurred for conventions outside the GT A shall also be reimbursed upon presentation of receipts. d) In lieu of receipts, an allowance of a maximum of $60.00 per day may be paid for ancillary expenses such as meals, taxi fares, parking and telephone charges where such expenses are not otherwise claimed or paid. This allowance shall be prorated for conventions that are less than one day. This per diem payment is intended to cover out-of-pocket expenses for City business only. e) No allowance shall be provided to a new Councillor in an election year. Workshops or orientation seminars for new Councillors are excepted. 7. a) An allocation of $4,800 per annum is provided for each Councillor to provide services beyond those services provided by the Counci/- support staff at the Civic Complex. b) The support staff assigned to the Councillor's Office are available to assist a Member of Council with the preparation of their newsletter, neighbourhood letter, cooperative letter, website or other form of communication, however, no other City staff shall be involved in such preparation and any specialty work that is required shall be charged to the budget prescribed for communication media or the Allowance for Outside Secretarial Services. c) Payment shall be made directly by the City to the service provider (individual or company) upon submission of an original invoice. An invoice from individuals for external services would contain, in addition to the name and address, additional details of services provided such as itemizing hours by day and description of work provided. All invoices would require sign off by the Councillor to indicate the services were received prior to authorization and before payment can be processed. 4 BENEFITS: 8. a) An Extended Health Plan as is provided to the non-union employees shall be available to all Members of Council and their families, which includes a prescription and dental plan, vision care plan and semi-private hospital coverage. b) For Members who have completed fifteen years of continuous service and cease to be a Member for the reasons set out in Section 13(a)(i to v), the Corporation shall pay 100% of the premium cost of the Extended Health, Dental and Vision Care Benefit Plans until the Member attains age 70. c) The Corporation shall continue to pay 100% of the premium costs of the Extended Health, Dental and Vision Care Benefit Plans in respect of a Member's surviving spouse and dependents for up to twelve (12) calendar months following a Members death while in service. 9. A Term Life Insurance Policy shall be paid by the City on behalf of Members of Council in the following amounts: a) b) Mayor - Councillor - $200,000 $100,000 10. Accidental death and dismemberment insurance coverage shall be paid by the City on behalf of Members of Council. 11. Subject to any existing insurance agreements or policies, the City shall indemnify Members of Council in the course of their Council duties with respect to liability arising out of acts or omissions done or made by them as follows: a) Pay to the parties entitled thereto, any damages and costs awarded against any Member of Council. b) Either pay directly or reimburse to the Member of Council any reasonable expenses incurred by them. c) Assume the cost of defending every Member of Council. d) Pay any sum required in connection with a reasonable settlement. 5 e) Limited liability for claims such as malicious prosecution, conflict of interest, slander, defamation of character, invasion of privacy, errors and omissions and legal expenses for claims of breach of Provincial statutes. 12. a) A Member may contribute to a Registered Retirement Savings Plan (RRSP), either own or spousal, under Federal legislation to which the Corporation shall match to a maximum of 11 % of the Member's earned salary. b) i) Written evidence of a contribution by a Member towards an RRSP as set out in Section 12(a) shall be made to the Treasurer no later than December 31st in any given year and the City's contribution shall be made no later than January 31 st of the next calendar year. ii) A Member of Council must give evidence to the Treasurer that a contribution includes both the Member's portion of the RRSP and the City's portion. The Member shall then be reimbursed for the City's portion. c) The word "salary" shall mean the annual base salary, prorated for a Member not holding office for an entire calendar year, of the Mayor and Councillors and it excludes all taxable benefits. The contribution to an RRSP is a taxable benefit regardless of whether it is paid to the Member of Councilor the financial institution. d) The City shall make its contribution only in the month of January of the next calendar year regardless of when the Member of Council made a contribution, except when a Member of Council ceases to hold office during the year. 13. a) A Member of Council, with service of more than three consecutive years, may, upon written application to the Clerk by the Member, or by a representative appointed in writing by the Member, receive severance remuneration upon ceasing to be a Member by reason of: i) election defeat; ii) resignation; iii) leaving office; 6 iv) election to another government body; or v) dying while in office if the Member is 65 years of age or over and not eligible to receive benefits under the City's group life insurance program; b) No Member shall be entitled to receive severance remuneration who ceases to be a Member by reason of, or by resignation which, is a result of or given in anticipation of: i) removal from office by judicial process; or ii) notwithstanding Section 13(a)(iv) above, disqualification under or operation of any Act of the Parliament of Canada or the Legislature of the Province of Ontario. c) Severance remuneration shall be equal to one month of salary for a Member, times the number of years of consecutive, uninterrupted full service of the Member, to a maximum amount payable of 24 months remuneration. Severance remuneration shall be calculated from the day the Member took office to the last day that the Member ceases to hold office. d) A written application for severance remuneration must be received by the Clerk within six calendar months of a Member ceasing to be a Member, otherwise any entitlement to severance remuneration shall be forfeited. Upon approval of the application, payment arrangement shall be agreed to that does not extend beyond three years. 7 COMMUNICATIONS: Applicability 14. Except where noted, Sections 15 to 20 do not apply to Mayor of the City of Pickering. Sections that do directly apply to the Mayor are identified by the notation *M&C. Definitions 15. a. "Cooperative Letter" shall mean a letter or other printed document that contains information of interest to residents in more than one ward and which shall be mailed or distributed beyond a ward boundary and may involve the participation of a community group. b. "Newsletter" shall mean a document that is not greater in size than tabloid sized paper (11 "x17") and printed on both sides and shall contain information of interest to the constituents of a Member of Council. A newsletter shall not be mailed or otherwise distributed beyond the boundaries of the constituency of a Member of Council except where postal walks cross beyond the boundaries of their ward. In instances where Member's of Council are assigned or appointed to additional duties which may require some cross-ward boundary communication, exceptions may apply as determined by the City Clerk. These cross-ward mailings to fulfill additional duties shall not exceed 500 homes into a ward not represented by a Member of Council and shall not occur after January 1 sl in the year of a general municipal election. c. "Neighbourhood Letter" shall mean a document that is prepared on letterhead and/or signed by a Member of Council and sent to a defined neighbourhood or community of interest within the constituency of a Member of Council. d. "Website" shall mean a site on the World Wide Web that shall contain information of interest to the constituents of a Member of Council. The website may be hosted on any server external to the City. *M&C e. "Telecommunications Equipment" shall include all equipment capable of transmitting over land lines and/or wireless modes such as land line telephones, cell phones, PDA's (Personal Digital Assistant), pagers, facsimile equipment or any hybrid of these items. 8 Computer Hardware/Software and Telecommunications EQuipment 16. a) A capital budget of $10,000 per term, per Member of Council, shall be in effect for the acquisition of computer hardware/software and telecommunications equipment. Expenditures of this allocation shall only be made in the first two years of office following a general election. Any acquisitions made following an election or appointment and prior to the approval of the following year's budget, shall be charged to this allocation. b) No computer hardware/software or telecommunications equipment shall be purchased or leased for Members of Council after January 1 st in the year of a general municipal election unless it is lost or stolen, or no longer operates and cannot be repaired to its initial operating specifications.. *M&C c) Following a general municipal election, by-election or appointment, the new Member(s) of Council shall be contacted by staff to determine their needs. Members of Council may choose to be supplied with equipment recommended by City staff or they may choose to be supplied with equipment of their choice. IT staff must be consulted to verify compatibility and to clarify IT support opportunities before purchase. At the point of delivery of the equipment, Members of Council shall be required to sign the Home Equipment Agreement which shall set out the equipment that has been supplied to the Member and the conditions under which it has been supplied. *M&C d) Equipment that is lost, stolen or no longer operates and cannot be repaired to its initial operating specifications shall be replaced by the City and shall not be charged to the $10,000 allocation set out in Paragraph (a) above. *M&C e) Every Member of Council who does not continue to hold municipal office shall ensure that all computer hardware/software, telecommunications equipment and any other equipment purchased or leased on their behalf by the City is returned to the City by November 30th following a general municipal election or within 21 days of ceasing to hold office. In the event the above noted items are not returned by the said date, the matter shall be referred to the Chief Administrative Officer (CAO) to pursue recovery. *M&C 9 Telecommunication Charges 17. a) Long distance, airtime and other charges that are incurred for City purposes by Members of Council in the use of their telecommunications equipment shall be reimbursed. Charges for the use of an Internet Service Provider by a Member of Council shall also be reimbursed. b) In order to recognize the large rural area in Pickering that is outside the area served by high speed Internet access, individual requests for the additional reasonable cost of Internet access exceeding standard urban connection costs shall be provided. *M&C Communications Media 18. a) It is recognized that there are many various methods for Members of Council to communicate with their constituents, including newsletters, neighbourhood letters, cooperative letters and websites. *M&C b) The City shall cover the cost of preparing, printing and mailing newsletters, neighbourhood letters and cooperative letters as well as the cost of creating and maintaining a website. A budget per Councillor of $7,500 for the first calendar year, $7,500 for the second calendar year and $6,000 for the final calendar year of a term will be provided for these items. If the budget is under spent in any given year, there shall be no carry-forward of dollars to subsequentbudge~. c) A link to the Member of Council's City-funded website may only be provided from the City of Pickering website under the Member of Council's profile link. *M&C d) Subject to Section 7, Councillors may hire external services as needed over and above what is currently provided in accordance with the City's policies and practices. e) The following conditions shall apply to the preparation of newsletters, neighbourhood letters, cooperative letters, websites and other forms of communication: i) On or after September 1 in the year of a general municipal election, no mailing or distribution of a newsletter, neighbourhood letter or cooperative letter shall occur where the costs shall be borne by the City. *M&C 10 ii) On September 1 in the year of a general municipal election, the link from the City's website to any Councillor's City- funded or personal website shall be severed until after the election. If these conditions have not been met by September 2 of that year, the City shall take steps under the authority of the CAO to sever the Councillor's website. The link shall be reactivated the day following the election and funding of the Councillor's website shall commence on December 1 following the election. In the event that a Councillor is acclaimed, the said website may be reactivated on the day following the last day to withdraw a Nomination. *M&C iii) A newsletter, neighbourhood letter, cooperative letter, City- funded website or other communications media shall not contain information that would promote any candidate in an election. *M&C iv) A newsletter, neighbourhood letter, cooperative letter, City website or other communications media shall not contain advertising that would promote a product or service of a company, organization or individual. *M&C v) A Member of Council shall not be reimbursed for communications expenses incurred through a media that has general circulation in the City of Pickering, such as a newspaper, radio or television station. 19. Individual Members of Council shall not use City funds to make individual grants or donations to organizations or persons. *M&C General 20. a) This Policy shall be reviewed every three years prior to the budget meetings that follow the general municipal election to review the appropriateness of the budgets and Policy in the context of current technology. *M&C b) When a vacancy occurs and is subsequently filled, compensation, benefits and allowances shall be pro-rated to the term of office. *M&C This Schedule of Council's Salary, Benefits, Allowances and Communications Policy was approved by Resolution #73/05 passed on May 2,2005. Report CS 06-07 and CS 10-07 of the Director, Corporate Services & Treasurer [Deferral for Discussion] February 2007 EXCERPT OF THE COUNCIL MINUTES OF JANUARY 15. 2007 9. Director, Corporate Services & Treasurer CS 06-07 City Contributions to Elected Officials Reqistered Retirement Savinqs Plan (RRSP) [This matter was referred earlier in the meeting] A detailed question and answer period ensued. Resolution # 12/07 Moved by Councillor O'Connell Seconded by Councillor Dickerson 1 . That Report CS 06-07 from the Director, Corporate Services Treasurer be received; 2. That the amendments to the Council Compensation and Communications Policy Section 12 as indicated in this report effective January 1 2006 be approved; 3. That the amendments to Section 16 Computer Hardware/Software and Telecommunications Equipment, noted as follows, be approved; a) That Section 16, part a) of the policy be deleted and replaced with the following: 16 a) A capital budget which reflects a 4 year term per Member of Council shall be in effect for the acquisition of computer hardware/software and telecommunications equipment. Expenditures of this allocation shall only be made in the first three years of office following a general election or appointment and prior to the approval of the following years budget shall be charged to this allocation. b) That Section 16, part c) of the policy be deleted and replaced with the following: 16 c) Following a general municipal election, by-election or appointment, the new Member(s) of Council shall be contacted by staff to determine their needs. Members of Council may choose to be supplied with equipment recommended by City Staff or they may choose to be supplied with equipment of their choice. Where a member of Council chooses to be supplied with equipment of their choice it must be demonstrated through either internal/external resources that their equipment of choice is compatible with the City Network. Where technical support for the equipment may not be available by IT due to a lack of resources that would impact on their ability to service the product, the member shall be responsible for acquiring any required external support which shall be charged to the budget as set out in section 16a. At the point of delivery of the equipment, Members of Council shall be required to sign the Home Equipment Agreement, which shall set out the equipment that has been supplied to the Member and the conditions under which it has been supplied. c) That Section 16 part e) of the policy be deleted and replaced with the following: 16 e) Every Member of Council who does not continue to hold municipal office shall be provided the option to purchase all or any of the equipment that was purchased and or provided by the City at a price to be determined by current market value by an independent source acquired through IT. Where equipment and/or service has been leased by the City on behalf of the former Member, the Member shall have the option to assume the remainder of the current lease independent of the City for its duration. Where a former Member opts to return to the City all or any of the equipment Member(s) currently holding office shall be offered the option to acquire said equipment. In such case no cost shall be charged to the Member's budget. Where Member(s) of Council decline the option to acquire any of the returned equipment, the equipment shall be offered to other departments within the City. In the event the former Member does not respond to any of the above options, the matter shall be referred to the Chief Administrative Officer (CAD) to pursue. 4. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. CARRIED AS AMENDED PORTION REFERRED LATER IN THE MEETING (See Following Motions) Resolution # 13/07 Moved by Councillor O'Connell Seconded by Councillor Dickerson The part 3 a) and 3 c) of the main motion be divided in order to deal with them separately. MOTION DEFEATED Resolution # 14/07 Moved by Councillor O'Connell Seconded by Councillor Johnson That part 3 a) and 3 c) of the main motion be referred to the Council Strategy Session scheduled for February 8th and 9th, 2007. MOTION DEFEATED Resolution # 15/07 Moved by Councillor Johnson Seconded by Councillor Littley That part 3 of the main motion and the Council Compensation and Communications Policy be referred to the Council Strategy Session scheduled for February 8th and 9th, 2007 for discussion purposes. CARRIED The main motion, as amended by the referral of part 3, was then put to a vote and CARRIED AS AMENDED. Further to the discussions held, staff were requested to prepare a full detailed report of the expenses by all Members of Council for the last two terms of Council. Staff were requested to prepare this information for the February 8th and 9th, 2007 Council Strategy session. d). Director, Corporate Services & Treasurer, Report CS 10-07 Councillor's Compensation and Communications Policv - Equipment Purchases This report was considered in conjunction with Report CS 06-07 of the Director, Corporate Services & Treasurer. Resolution # 16/07 Moved by Councillor Johnson Seconded By Councillor Littley That Report CS 10-07 from the Director, Corporate Services & Treasurer be referred to the Council Strategy Session scheduled for February 8th and 9th, 2007, for discussion purposes. CARRIED Citq 0# Resolution Nos. 12/07. 13/07, 14/07, 15/07 & 16/07 Dated January 15, 2007 REPORT TO EXECUTIVE COMMITTEE 2'25 Report Number: CS 06-07 Date: January 8, 2007 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: City Contribution to Elected Officials Registered Retirement Savings Plan (RRSP) Recommendation: 1. That Report CS 06-07 from the Director, Corporate Services & Treasurer be received; 2. That Council approve the amendments to the Council Compensation and Communications Policy, Section 12 as indicated in this report, effective January 1, 2006; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: The current Council policy providing for an annual contribution to an elected officials RRSP contains a potential inequity that should be corrected. The Recommendations above will make the policy equally applicable in dollar amount to all Members of Council, regardless of their personal employment situation. Financial Implications: There are no financial implications in addition to those under the existing policy. Sustainability Implications: The Recommendations are reasonable and will ensure equitability in the treatment of this matter. Background: The existing Council Compensation Policy provides, under Section 12, for the City to match a member's RRSP contribution up to a maximum of 13% of the member's earned salary. At the time of approving this provision Council did not foresee a potential conflict with the Income Tax Act in regards to the maximum contribution one can make. As explained below there is an inequity that needs to be corrected. Report CS 06-07 January 8, 2007 228 Subject: City Contribution to Elected Officials Registered Retirement Savings Plan (RRSP) Page 2 The Income Tax Act sets a contribution limit of 18 percent of earned income up to a maximum of $16,500 for RRSP contribution purposes. If an elected official's only source of income is the City's compensation then for example, with a total salary and per diem of $30,197 (2006), the 13 percent maximum equates to a City matching contribution of $3,925 which would require a total member contribution to his/her RRSP of $7,850. However, under the 18 percent rule the maximum the member can contribute is $5,435 ($30,197 x 18%). This rule, by default, becomes the governing factor thereby limiting the City's matching contribution to $2,718 and preventing the elected official from receiving the City's maximum matching contribution of $3,718. In this instance the City's contribution is only 9 percent of earned salary to the member's RRSP not 13% as is allowed under the Policy. Removal of the City's matching requirement then makes the contribution a straight 13 percent of earned salary with no matching provision. It is also recommended that the City's contribution will be directly deposited into the member's RRSP. All of the foregoing assumes the member has sufficient contribution room. The member must provide the Treasurer with such confirmation. The current Section of the policy with amendments noted can be found below. Deletions are crossed out and additions are in bold: "12.a) A Member may contribute maintain a Registered Retirement Savings Plan (RRSP), either own or spousal, under Federal legislation to which the Corporation shall match to contribute a maximum of 13% of the Member's earned salary each year. b) i) Written confirmation that a member has sufficient contribution room, as provided by the Canada Revenue Agency on their notice of assessment, to accommodate the City's contribution ovidenco of a contribution by a Momber tov.'ards an RRSP as set out in Soction 12(a) shall be provided made to the Treasurer no later than December 3151 in any given year and the City's contribution shall be made directly to that RRSP no later than January 3151 of the next calendar year. ii) J\ Member of Council must give ovidenco to the Treasurer that a contribution includos both tho Momber's portion of the RRSP and the City's portion. Tho Mombor shall then bo roimbursed for tho City's portion. ii) For the 2006/2007 transition only, if the member has already made the contribution to the RRSP reimbursement may be made to that member. Report CS 06-07 January 8, 2007 Subject: City Contribution to Elected Officials Registered Retirement Savings Plan (RRSP) Page 3 22>7 c) The word "salary" shall mean the annual base salary, prorated for a Member not holding office for an entire calendar year, of the Mayor and Councillors and it excludes all taxable benefits with the exception that for Councillors only, salary shall include the per diem paid under Section 2 of this policy. The contribution to an RRSP is a taxable benefit regardless of whether it is paid to the Member of Councilor the financial institution. d) The City shall make its contribution only in the month of January of the next calendar year regardless of when the Member of Council made a contribution, except when a Member of Council ceases to hold office during the year in which case the contribution may be made earlier." This change will put all elected officials on the same basis in dollar terms, in regards to the City's amount of contribution to their individual RRSPs. Attachments: Not applicable Approved I Endorsed By: <-~~~ Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 1/ 4 6 Cit.ll {1~ Resolution #16-07 Dated January 15, 2007 REPORT TO COUNCIL Report Number: CS 10-07 Date: January 15, 2007 f~ PJ ~~1 U I ( From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Councillor's Compensation and Communications Policy - Equipment Purchases Recommendation: That Report CS 10-07 from the Director, Corporate Services & Treasurer be received for information. Executive Summary: At the Executive Committee meeting of January 8, 2007 when considering Report CS 06-07 regarding City contributions to Councillor's Registered Retirement Savings Plan (RRSPs), a Committee member introduced revised amendments that dealt with computer equipment purchases for Councillors. This prompted a request for information on computers purchased by Councillors over the last two terms to be provided to Council for its meeting of January 15, 2007. This report includes Elected Officials IT Related Expenditures, Supporting Schedules and a Summary of Comments on some aspects of the amendments. Financial Implications: The current policy of $10,000 per Councillor per term for equipment has been removed. If left undefined, there is the potential for costs to increase. Sustainability Implications: sustainability. This report contains no information pertaining to Background: Computer Hardware/Software and Telecommunications Equipment As requested, at the Executive meeting of January 8, 2007, attached is a schedule summarizing purchases of computer hardware, software, peripheral devices and telecommunications equipment under Section 16 of the Policy over the last two terms of Report CS 10-07 January 15, 2007 Subject: Councillor's Compensation and Communications Policy - Page 2 . . Equipment Purchases r \ 'f'1 U '( \ Council from January 2001 to December 2006. While the term of Council commenced in December 2000, a column for that year has not been included, in the interests of brevity, as no purchases were made in that month. For the information of Council purchases to date, including those in process, have been included for the current term. Also attached are supporting schedules providing summary details of each expenditure by Councillor. Prior to 2005 accounting for all such equipment purchased for Councillors and the Corporation's use were charged to the same account. Commencing in 2005 separate accounts were created for each capital expenditure line as contained in the capital budget. Before the change in account structure in 2005, tracking of capital expenditures for each Councillor was quite difficult and labour intensive due to the volume of purchases and with Councillors sometimes purchasing through the City's IT Section and frequently on their own. The schedules also include the cost of replacing equipment that was lost, stolen or broken. This equipment, as per the Policy, is not applied to the Councillor's funding allotment. The attached schedules exclude all operating costs associated with the equipment purchased such as cell phone/Blackberry/Internet charges, paper, printer/fax cartridges and other operating costs. These expenses are usually reported in the annual report to Council on remuneration and expenses as an annual operating expense. From a review of available background information, it appears that under the Policy then in place, no limit was placed on purchases prior to 2003. With the introduction of the Communication Policy in July 2002, a limit of $10,000 per Councillor per term and a $20,000 total budget per year was introduced commencing with the 2003 Capital Budget. Policy Chanqes - Executive Committee January 8, 2007 At the Executive Committee meeting of January 8, 2007, when considering Report CS 06-07 regarding Councillor's RRSP contributions reimbursed by the City, amendments to Section 16 entitled Computer Hardware/Software and Telecommunications Equipment were introduced by a member of the Committee. These changes were put forth to "... clarify and strengthen the policy". The Committee adopted the changes as put forth. However, the changes necessitate their own clarification for the benefit of all concerned to avoid future questions to the greatest possible degree. It must be borne in mind when considering the Policy and any revisions, that the discussion is around the use of City funds to acquire City assets. The use of the funds must be appropriate and accounted for properly. The recommendations resulting from the MFP Computer Inquiry, the Provincially mandated Capital Asset Reporting and the Public Section Accounting Board requirements, the use of funds and the acquisition Report CS 10-07 January 15, 2007 Page 3 Subject: Councillor's Compensation and Communications Policy - Equipment Purchases [\'r")' VI.) and disposition of assets as well as good business practice all demand that the City's financial transactions follow all requirements. The preliminary areas that necessitate discussion and decision by Council are indicated below. Section 16a This Section addresses a Capital Budget provision for Council Members. 1. The amount of the budget to be provided has been omitted from the revised version. The current provision is $10,000 per Councillor per term. The revision should not be open ended with no defined sum. Section 16c This Section addresses the provision of equipment for Council Members. 1. In the event that IT is not able to provide technical support for a Councillor's equipment, the revision provides for external resources to be employed and charged to the same account as the equipment. However, this is a capital account and technical support is a current operating expenditure. Therefore, the expenditure must be charged to the Councillor's current budget provision for Outside Agency Services. Section 16e This Section addresses the disposition of equipment upon a Council member ceasing to hold office. Quite often equipment being returned has a much higher value to the City than that placed on it by the market. Equipment rapidly depreciates to approximately 10 percent ($300 to $600) of its original purchase price. A future expenditure of, for example, $1,500 to $3,000 may be avoided if the same equipment had to be purchased for use by staff. 1. The revision provides for the leasing of equipment by the City and for that lease to be transferred to the Councillor. Following the MFP Inquiry in the City of Toronto, the Provincial Government put Regulations in place governing leasing. Therefore, any leasing to be considered by the City is governed by the City's Lease Policy and the Municipal Act, 2001 as revised. This provision should be deleted. 2. The revisions provide a Councillor, upon ceasing to hold office, the option of returning the equipment or the option of offering it to another Councillor. The revision mentions" ... no cost shall be charged to the Member's budget". However it is unclear as to which Member this refers; the one returning the asset or the Report CS 10-07 January 15, 2007 Subject: Councillor's Compensation and Communications Policy - Equipment Purchases Page 4 nq '/ uo\., subsequent user. If it is the former then such a provision is unclear. If it is the latter, then the provision could remain. 3. The revision also proposes to provide for Councillors to acquire equipment once used by themselves or another Councillor. The typical use of the word "acquire" denotes ownership. If this is the case the wording appears to mean that one Councillor can acquire another Councillor's equipment at no cost, presumably for personal use, as the City would already have provided the Councillor equipment for City use. This is not a typical means of disposal of an asset in a public body nor is it good business practice. Therefore, clarification or change is required. If the intent is to provide another member with the opportunity to have the equipment, with no cost being charged to their budget, for City business use before it being available for use by City staff then no change is required, but perhaps a different word could be used. In conclusion, consideration should be given to further review the amended policy with the above comments in mind. Attachments: 1 . Summary of Elected Officials IT Related Expenditures 2. Supporting Schedules 3. 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C\I .... 0> O>~ ..... .... roll. ~~ -Co <(0.. e9'" : ,j g <0 '<:t <<5 I'- C\I 0) co 0)1'- C"5C\i C\ll{) C"J.- >-0) ..... c: ..... 0 O>.c: ~ll. 0- ro- - 0> roo - c: 0) E 0) o ro 0.. 0> 0: I ..... 0> - :::l o 0: I- EE:2 o.~ 1:: 1::.,g1- 1:: ... ~ E 0 roroCJ)~ - ro >- o~ :2::2:0>~ c::2: en :::l C. 00:5: 0) 0 .... ro 00..... 0) 0> C- ro 0 t5t52Cl E .... Cl - mo'CP 0> .2 en ~ .- .- :J 0 0 0) I'- C/) :2:zro :2::2:u..0: [U:2: 0: ro 0 0 C\I ,.... ... I'- Q) ,.... .0 C\I >- C\I Cii 'E 0 q~ I :::l C"J c: D..Z C\I ro ..., ~I Clo. c: .... .... 0 > 0 >-c: - :::l 0> ro ro ro 0) o 0) ro :::l 'S ~<(CJ) ...,:2::2:0 20 :2:..., ..., o o o ~ <0 o:t cO I'- C\I ~ l{) I'- cO I'- o:t ~ C\I ": I'- CO "!. C\I ~ C"J <0 o C"J LO .- ~ o ~ C\I 0) '<:l;. .- ~ o C! o ~ (0 o:t .,; (0 o (l) o II) Q) ... ~ :!:: '0 C Q) C- >< w iU .... o I- ATTACHI"'IEl\J'T :;':J-3__l() REPORT fI._t,S. 10,07 09'1 Report Number: CS 06-07 Date: January 8, 2007 Proposed Revised Amendments Report CS 06-07 Subject: City Contributions to Elected Officials Registered Retirement Savings Plan (RRSP) 1. That Report CS 06-07 from the Director, Corporate Services Treasurer be received; 2. That Council approve the amendments to the Council Compensation and Communications Policy Section 12 as indicated in this report effective January 1 2006; and, Insert: New part 3 3. That Council approve the following amendments to Section 16 "Computer Hardware/Software and Telecommunications Equipment" 16a A capital budget which reflects a 4 year term per Member of Council shall be in effect for the acquisition of computer hardware/software and telecommunications equipment. Expenditures of this allocation shall only be made in the first three years of office following a general election or appointment and prior to the approval of the following years budget shall be charged to this allocation. 16c Following a general municipal election, by-election or appointment, the new Member(s) of Council shall be contacted by staff to determine their needs. Members of Council may choose to be supplied with equipment recommended by City Staff or they may choose to be supplied with equipment of their choice. Where a member of Council chooses to be supplied with equipment of their choice it must be demonstrated through either internal/external resources that their equipment of choice is compatible with the City Network. Where technical support for the equipment may not be available by IT due to a lack of resources that would impact on their ability to service the product, the member shall be responsible for acquiring any required external support which shall be charged to the budget as set out in section 16a. At the point of delivery of the equipment, Members of Council shall be required to sign the Home Equipment Agreement, which shall set out the equipment that has been supplied to the Member and the conditions under which it has been supplied. 16e Every Member of Council who does not continue to hold municipal office shall be provided the option to purchase all or any of the equipment that was purchased and or provided by the City at a price to be determined by current market value by an independent source acquired through IT. Where equipment and/or service has been leased by the City on behalf of the former Jt;fember, the il1ember shall have the option to assume the remainder of the current lease independent of the City for its duration. Where a former 111ember opts to return to the City all or any of the equipment Member(s) currently holding office shall be offered the option to acquire said equipment. In such case no cost shall be charged to the Member's budget. Where Member(s) of Council decline the option to acquire any of the returned equipment, the equipment shall be offered to other departments within the City. In the event the former Member does not respond to any of the above options, the matter shall be referred to the Chief Administrative Officer (CAO) to pursue. ') 9 ,.. U~a 4 That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto.