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Special Council Agenda - 2020/04/02 - Amend Procedural By-law - Teleconference The Corporation of the Township of Malahide SPECIAL AGENDA April 2, 2020 7:30 p.m. Springfield & Area Community Services Building** 51221 Ron McNeil Line, Springfield. **Note: Due to the COVID-19 situation this meeting will be held via teleconference. ** (A) Disclosure of Pecuniary Interest (B) Report Amendment to Procedural By-law. (Pages 2 - 3) (C) By-law - Amendment to Procedural By-law. (Pages 4 - 6) (D) Adjournment RES TELECONFERENCE MEETING Note for Members of the Public: In order to respect the State of Emergency declared by the Province of Ontario and not hold public gatherings, please note that the Regular Council Meeting scheduled to be held on April 2, 2020 will be via teleconference only. Please note that, at this time, there is not an option for the public to call in to this meeting. However, we will attempt to livestream or audio stream via an on-line service. We will post links on Facebook and Malahide Website when they become available. Written comments regarding the Council Agenda items are welcome please forward such to the Clerk at mcasavecchia@malahide.ca Report to Council REPORT NO.:CAO-20-05 DATE: March 26, 2020 ATTACHMENT:Draft Amendment to Council Procedural By-law SUBJECT: AMENDMENT TO PROCEDURE BY-LAW ELECTRONIC MEETINGS Recommendation: THAT Report No. CAO-20-05entitled Amendment toProceduralBy-law Electronic Meetings AND THATthe Council Procedural By-law No. 17-97be amended to permit Members of Council to participate electronically in Council Meetings during a declared emergency; it being noted that such by-law amendments arein accordance with the Municipal Emergency Act, 2020. Background: In response to the COVID-19 Pandemic, the Municipal Act, 2001 was amended by the Municipal Emergency Act, 2020on Thursday,March 19, 2020 to provide that, during emergencies declared locally or provincially under the Emergency Management and Civil Protection Act, should they choose to, members of councils, local boards, and committees who participate in open and closed meetings may be counted for purposes of quorum. Municipalities wishing to use this new authority are required to amend their procedure by-laws to allow for electronic meetings. This may also be done through electronic participation. Comments/Analysis: The Council Procedural By-law was enacted on December 21, 2017. Such by-law did not contain provisions for electronic participation by Members of Council. The Municipal Staff, in consultation with the Countyof Elgin, have prepared a draft by- law to amend the Council Procedural By-law to permit electronic participation in Council meetings during a declared emergency. -19 through Bill 187 will help communities across the province respond to this crisis by allowing councils to conduct meetings remotely. These changes empower municipalities to respond quickly and continue to function when in-person meetings cannot be held and council decisions need to be made for the purposes of business continuity. Financial Implications to Budget: N/A. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One Our CommunityContinue to refine Emergency Management plans, policies and procedures to ensure preparednessAdapting the Council Procedural By-law to enable the Council to meeting and make decisions electronically works to achieve this goal. Submitted by: Michelle Casavecchia-Somers, Chief Administrative Officer/Clerk THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-23 Being a By-law toamend By-law No. 17-97being the Council Procedural By-law. WHEREASthe Municipal Act, 2001, S.O. 2001, c. M. 46, as amended procedure by-law governing, among other things, the calling, place, and proceedings of meetings of its Council; AND WHEREASthe Council for The Corporation of the Township of Malahide previously enacted By-law No. 17-97, referred to as the Council Procedural By-law, to satisfy the said requirement of the Act; AND WHEREASthe Act has been amended to permit a procedural by-law of a municipal corporation to provide for specific changes to rules and regulations relating to electronic participation of Members of Council in a Meeting of Council during any period where an emergency has been declared to exist in all or any part of the municipality pursuant to sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT By-law No. 17-97, and in particular Section 5 thereof, shall be amended by adding Section 5.10 asfollows: 5.10Electronic Participation -Declared State of Emergency (a)Notwithstanding that set forth in Section 5, during any period in which an emergency has been declared to exist in all or part of the territorial limits of the Township of Malahidepursuant to either section 4 or 7.0.1 of the Emergency Management and Civil Protection Act, the following rules and regulations for electronic participation in a Council Meeting shall apply: (i)A Member who is unable to attend a Council Meeting in person may participate in that Meeting by electronic or other communication facilities if the facilities enable all participating Members, whether attending in person or through electronic participation, to hear and be heard by all other Members. (ii)Except for all or any part of the Council Meeting that is closed to the public, the electronic or other facilities are capable of and enable the public to hear, or watch and hear, all Members participating in the Meeting. (iii)A Member who intends to participate in any such Meeting of Council by electronic or other communication facilities shall give to the Clerk Notice of that intention at least 24 hours prior to the commencement of such Meeting, provided that, if Notice of such Meeting is provided less than 24 hours prior to its scheduled commencement, then the Member shall give to the Clerk as much notice as possible prior to commencement ofsuch Meeting. In all such circumstances, the Clerk will, as soon as reasonably possible, provide the Member intending to attend by electronic participation with instructions on how to connect to and participate in that Meeting by electronic or other communication facilities. (iv)There shall be no limit upon the number of Members who may attend a Meeting of Council by electronic or other communication facilities. (v)The Mayor (or designate), as Chair, shall lead the Meeting and be present from a designated meeting location supported by the CAO (or designate), where possible. (vi)Each Member attending the Meeting by electronic or other communication facilities shall notify the Chair and other Members when he or she joins the Meeting and, if and when applicable, upon leaving the Meeting. (vii)Any Member attending and present during a Meeting by electronic or other communication facilities shall be counted for purposes of quorum at the commencement of and at any point in time during the Meeting. (viii)Any Member attending and present during a Meeting by electronic or other communication facilities may participate in all aspects of the Meeting as if present in person, including but not limited to debate, questioning, presentation of motion, and/or voting. (ix)During the course of a Meeting within which any Member is participating by electronic or other communication facilities, the Chair (or designate) shall announce each agenda item on the floor of the Meeting and shall thereafter maintain an orderly meeting process, including keeping Members fully informed. (x)Any Member attending and present during a Meeting by electronic or other communication facilities may vote on any matter being considered in such Meeting and that vote shall be counted and, as set forth below, duly recorded. (xi)During the course of each vote conducted within such Meeting: -All votes shall be a recorded vote conducted by the Clerk, as directed by the Chair, unless Council decides otherwise. -The Clerk shall call the name of each Member to vote and shall thereaft -Ifthe Member, whether present in person or electronically and after two attempts, fails to respond to the call of his or her name, then the by the Chair. -The Clerk shall announce the results of the vote to the Chair and Council, including announcement of the specific vote of each (xii)During the course of the Meeting: -Each Member shall remain silent and attentiveto the proceeding when not assigned to the floor by the Chair. -Each Member shall listen for their name to be assigned to the floor to speak or to vote. -All Members shall take and abide by the directions of the Chair in order to facilitate an effective, efficient, and orderly Meeting. (xiii)The above rules and practices shall apply to all sessions of the Meeting, whether open or closed to the public. 2.THAT This By-Law is enacted at a special meeting held in accordance with section 238(3.4) of the Municipal Act, 2001, as amended, and shall come into effect as of the date and time of its passing. nd READaFIRSTandSECONDtime this2day of April,2020. nd READaTHIRDtime and FINALLY PASSEDthis2day of April, 2020. __________________________ Mayor,D.Mennill __________________________ Clerk, M. Casavecchia-Somers