SPECIAL COUNCIL AGENDAFor the Corporation of the Town of Espanola

VIA ZOOM

Tuesday, August 11, 2020, 7:00 p.m.

Municipal Office100 Tudhope StEspanola, ON

Pages

A. Disclosure of Pecuniary Interest

B. Confirmatory Bylaw 4

C. Electronic Participation 5

D. Bylaw No 2981/20, Being a Procedural Bylaw for the Town ofEspanola

10

E. Departmental Report(s) 60

E.1 Leisure Services Department Departmental Report forJuly 2020

E.2 Economic Development Department DepartmentalReport for July 2020

F. Special Meeting Minutes of Council

F.1 Regular Meeting of Council Meeting Minutes of March10, 2020

67

F.2 Special Budget Meeting of Council of March 11, 2020 72F.3 Special Meeting of Council of March 17, 2020 74F.4 Special Meeting of Council of March 25, 2020 76F.5 Special Meeting Minutes of March 31, 2020 78F.6 Special Meeting Minutes of April 7, 2020 80F.7 Special Meeting Minutes of April 14, 2020 82

F.8 Special Meeting Minutes of April 21, 2020 84F.9 Special Meeting Minutes of April 28, 2020 86

F.10 Special Meeting Minutes of May 5, 2020 88F.11 Special Meeting Minutes of May 12, 2020 90F.12 Special Meeting Minutes of May 19, 2020 92F.13 Special Meeting Minutes of May 26, 2020 94F.14 Special Meeting of Council of June 2, 2020 97F.15 Special Meeting Minutes of June 9, 2020 100F.16 Special Meeting Minutes of June 16, 2020 105F.17 Special Meeting Minutes of June 23, 2020 109F.18 Special Meeting Minutes of July 14, 2020 113

G. Bylaw No 2983/20 Being a Bylaw to Execute the AgreementBetween CUPE Local 534 and the Corporation of the Town ofEspanola

119

H. Site Plan Agreement 121

I. Exemption to Dog Bylaw 150

J. Blue Box Transition 155

K. Front Desk 2020 158

L. Building Inspector 160

M. In Camera

Be It Resolved That:

Under authority of Section 26.1.3 of Bylaw No.

2062/08, Council goes into an “in camera” session for

the purpose stated in Section 239.2 of the Municipal

Act.

1.

a trade secret or scientific, technical, commercial,

financial or labour relations information, supplied in

confidence to the municipality or local board, which, if

•

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disclosed, could reasonably be expected to prejudice

significantly the competitive position or interfere

significantly with the contractual or other negotiations

of a person, group of persons, or organization;

Subject Matter: Financial Information

N. Closed Session

O. Garbage and Recyling 162

P. Adjournment

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THE CORPORATION OF THE TOWN OF ESPANOLA

BYLAW NO. 2982/20

Being a bylaw of the Town of Espanola to Adopt

the Minutes of Council for the Term Commencing

December 1st, 2018, and Authorizing

Taking of any Action Authorized Therein and Thereby

WHEREAS Section 101 of the Municipal Act, R.S.O. 1990, C. M45, as amended, requires a municipal

council to exercise its powers by bylaw, except where otherwise provided;

AND WHEREAS in many cases, action which is taken or authorized to be taken by a Council or a

Committee of Council does not lend itself to an individual bylaw;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF ESPANOLA ENACTS AS

FOLLOWS:

1. That the Minutes of the meetings of the Council of the Town of Espanola for the term commencing

December 1st, 2018, held on: July 14, 2020 and the same are hereby adopted.

2. That the taking of any action authorized in or by the Minutes mentioned in Section 1 hereof and the

exercise of any powers by the Council or Committees by the said minutes be and the same are

hereby ratified, authorized and confirmed.

3. That where no individual bylaw has been or is passed with respect to the taking of any action

authorized in or by the Minutes mentioned in Section 1 hereof or with respect to the exercise of

any powers by the Council or Committees in the above mentioned Minutes, then this bylaw shall be

deemed for all purposes to be the bylaw required for approving and authorizing the taking of any

action authorized therein or thereby or required for the exercise of any power therein by the

Council or Committees.

4. That the Mayor and proper officers of the Corporation of the Town of Espanola are hereby

authorized and directed to do all things necessary to give effect to the recommendations, motions,

resolutions, reports, action and other decisions of the Council or Committees as evidenced by the

above mentioned Minutes in Section 1 and the Mayor and Clerk are hereby authorized and directed

to execute all necessary documents in the name of the Corporation of the Town of Espanola and to

affix the seal of the Corporation thereto.

Read a First, Second and Third Time and Passed this 11th day of August 2020.

____________________________

J. Bill

Mayor

_____________________________

P. Roque

Clerk

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 3

STAFF REPORT DEPARTMENT: Administration DATE: August 4, 2020

ITEM: Electronic Meetings

RECOMMENDATION: Be It Resolved That: The Procedure Bylaw to be adopted as

2981/20 include the version of Schedule H reflected in this staff report and as attached.

BACKGROUND: The legislation known as the COVID -19 Economic Recovery Act 2020, received royal assent on July 21, 2020. Schedule 12 of this legislation amends

the Municipal Act, 2001 to permanently allow for electronic participation in meetings. Prior to this change, electronic participation with voting and closed session

participation has only been permitted as a result of legislation passed under the Emergency Management & Civil Protection Act (EMCPA). As the Provincial Emergency is now terminated, further amendments to the Town’s Procedural Bylaw are required

in order to continue to facilitate the current electronic meeting participation until desirable that council, boards and advisory committees meet in person, and we are

able to accommodate in-person public participation in a safe manner. Staff has reviewed the new legislation, information provided by municipal service

agencies, and what other municipalities have done to address Bill 197.

ANALYSIS: The changes being made to the Municipal Act are significant as they will permanently allow for electronic participation in meetings, outside of a state of

emergency being declared by any level of government or health unit. More specifically, Schedule 12 of Bill 197 provides opportunity to amend the Town’s

Procedural Bylaw to allow for: 1. A member of council, of a local board or of a committee of either of them, to

participate electronically in a meeting to the extent and in the manner set out in

the bylaw. 2. A member of a council, of a local board or of a committee of either of them who

is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time; and

3. A member of a council, of a local board or of a committee of either of them can participate electronically in a meeting that is open or closed to the public.

Bill 197 also permits a municipality or local board to hold a special meeting to amend an applicable procedure bylaw for the purposes of enacting electronic participation in

meetings pursuant to these new regulations. As we move forward in Stage 3 of the Premier’s re-opening of Ontario with regard to

the COVID-19 pandemic, there continues to be requirements for physical distancing,

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 3

and limits to the number of people permitted in an indoor area at one time. We also

don’t know what the future holds with this pandemic should another wave of the virus hit our community. Staff are recommending an amendment to the Procedural Bylaw to permit electronic participation in meetings for council, local boards and other

committees established by council moving forward. The proposed amendments would replace the Schedule H previously approved by Council with the version attached to

this staff report. Bill 197 also provides provisions to allow a member of council to appoint another

member of council as a proxy to act in their place when they are absent subject to rules set out in the Act, and a process to be established by the clerk. In reviewing this

new provision to the Municipal Act, Staff does not recommend moving forward with the implementation of proxy voting at this time as the importance of transparency in decision making on matters before council and participation in debate continues to be

a priority and an obligation of council, Local Boards and other Committees outlined in the Code of Conduct.

Staff anticipates conducting a review of the procedural bylaw, specifically Schedule H - electronic participation, as we proceed through the pandemic to ensure the procedures

that are put in place remain applicable to our needs, at which time any additional changes or amendments may be recommended by council or staff based on

experience and status of the pandemic with the amended bylaw.

EXISTING POLICY: Resolution and Bylaw

STRATEGIC GOAL: Excellence in Government & Safe & Healthy Community

FINANCIAL COMMITMENT: $0

BUDGETED: Yes No

IMPLEMENTATION: Clerk’s Office / Council

Prepared By: Paula Roque / Traci Denault-Roque

Department Manager:

CAO / Treasurer:

Approval of Recommendation: Yes No

Comments:

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Schedule H – Electronic Participation (Council, Local Boards and

Other Committees)

Part 1

That while every effort shall be made by members to attend meetings physically in

person, during the following circumstances members of Council, local boards and

other committees may participate by telephone or other electronic video

teleconferencing means in a meeting to the extent and in the manner set out as

follows:

a. It is not safe or possible to attend an in person meeting due to a natural

weather event;

b. Health and safety restrictions as determined by the CAO in consultation

with the Mayor, Clerk, and/or Town of Espanola Emergency Control;

c. Restrictions or guidelines set out by the Public Health Sudbury and

Districts; The Ontario Provincial Police or the Province of Ontario; or

d. The activation of the Emergency Control Group or a declared emergency

by any level of government or health unit.

Members participating electronically are required to use their Town issued

equipment or use their own personal equipment (i.e. phone and/or computer) at

their own expense.

Members shall advise the Clerk, or designate, as soon as practicable prior to the

scheduled meeting or his/her intent to participate electronically. In all cases, staff

will accommodate electronic participation on a best effort basis and subject to

available resources that may be required for the delivery of competing essential

municipal services. All attempts will be made to ensure meetings are live streamed

and recorded.

Members participating electronically will count towards quorum and have the ability

for full participation including ability to vote in both public and closed session (in

camera) meetings. Voting may take place by way of roll call, or in an alternate

method authorized by the Chair, ensuring that Members and the public are aware o

how each member votes.

In the event of a technical failure during the meeting, a recess of not more than 10

minutes can be taken to allow staff to reinstate the electronic participation. If a

member can no longer participate by electronic means it will not affect the validity

or continuation of the meeting or decisions. If a quorum is lost, the meeting will be

deemed to be adjourned.

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Electronic participants are permitted to participate in closed session (In-Camera)

meetings only for the purpose of a meeting held while under the circumstance

provided above. In the case that members of Council participate electronically in

closed sessions, all members must attest to the fact that they recognize they will be

in a closed session and are able to ensure confidentiality.

Part 2

When circumstances outlined in Part 1 of this Schedule are not in effect, the following

shall apply:

1. Members may participate in meetings by Electronic Means subject to the following:

a. Participating in a meeting via Electronic Means are available only for meetings of Council that take place in Council Chambers, Municipal Building,

100 Tudhope Street, Espanola. b. The Electronic Means is limited to the capabilities of the Municipality. c. Requests to participate in a meeting by Electronic Means must be made to

the Clerk at least three (3) business days before the meeting. d. A maximum of two (2) Members may participate in the same meeting by

Electronic Means. Where more than two (2) Member request to participate in the same meeting by Electronic Means, the requests will be granted to the first two Members who make the request.

e. A Member may participate in a maximum of two (2) open meetings per calendar year by Electronic Means.

f. A Member participating in a meeting via Electronic Means shall be considered to be present at such meeting but shall not be counted towards quorum.

g. The Chair must be present in person at a meeting.

h. Participating in a meeting via Electronic Means is not available when the meeting is closed to the public.

2. The following practices will be followed when a Member (s) participate in a

meeting by Electronic Means:

a. Each member participating in a meeting by Electronic Means shall be

available at least fifteen (15) minutes before the beginning of the meeting to assist staff in establishing the telephone connection.

b. Each Member participating by Electronic Means will mute his or her electronic device when he or she is not speaking.

c. Members participating by Electronic Means shall submit their intention to

speak to a matter when they are requesting to participate in the meeting electronically.

d. After putting a motion to a vote, each Member participating by Electronic Means will be required to identify how he or she wishes to vote.

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e. Each Member participating by Electronic Means shall inform the Chair about his or her intentions to leave the meeting.

f. A Member(s) participating by Electronic Means will be deemed to have left the meeting when they are no longer electronically connected to the

meeting. g. In the case of a loss of connection, or any connection issue which impedes

the ability of a Member(s) to participate in the meeting in real time, the

meeting will continue without attempts by either staff or the Member(s) to reconnect.

h. Information related to additions to the agenda or materials that were not included in the agenda package will be forwarded by email to all Members provided time permits. It is the member’s responsibility to monitor email

for this type of occurrence. i. Members attending electronically may not be able to see all Members,

presentations by delegations, etc. and the Municipality is not responsible for trying to accommodate this.

j. Members are responsible for providing their own method of transmission to

the Municipality.

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The Corporation of the Town of Espanola

Bylaw Number 2981/20

BEING a Bylaw to establish rules governing the proceedings of Council, the calling of meetings and the conduct of Members,

SHORT TITLE – This Bylaw may be cited as the “Procedural Bylaw”.

WHEREAS a Municipality is a level of government and requires some formality and procedure in meetings so that clear, informed, written decisions, direction, resolutions and bylaws can be both adopted and implemented.

AND WHEREAS Council, pursuant to section 238 of the Municipal Act, 2001, is

required to establish the Procedures governing the meetings of Council and Committees, the conduct of its Members and the calling of meetings:

AND WHEREAS Council must adopt by bylaw the procedures which address the rules of order which shall be observed in all proceedings of Council, Committees of

Council and Local Boards unless specifically provided otherwise: NOW THEREFORE the Council of the Corporation of the Town of Espanola enacts as

follows:

Preamble In addition to this Bylaw, and Town of Espanola Policies adopted by Council,

Members of Council are governed by the following documents and legislation: Municipal Act, 2001

Municipal Conflict of Interest Act Municipal Code of Conduct Municipal Elections Act

Accessibility for Ontarians with Disabilities Act Occupational Health and Safety Act

Municipal Freedom of Information Act

Members of Council shall be familiar with the above-noted documents and legislation and shall rely upon them when making decisions and exercising their powers.

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Table of Contents

Part 1 DEFINITIONS ....................................................................................... 4 Part 2 GENERAL MEETING RULES ..................................................................... 6

2.1 Application ......................................................................................... 6 2.2 Suspending Procedural Bylaw ............................................................... 7 2.3 Mayor ................................................................................................ 7 2.4 Absence of Mayor ............................................................................... 7 2.5 Absence of Deputy Mayor .................................................................... 7 2.6 Absence of Councillors ......................................................................... 7 2.7 Pregnancy / Parental Leave .................................................................. 7 2.8 Meeting Location ................................................................................. 8 2.9 Clerk ................................................................................................. 8 2.10 Quorum .......................................................................................... 8 2.11 Minutes ........................................................................................... 8 2.12 Staff Attendance .............................................................................. 8 2.13 Declarations of Conflicts of Interest .................................................... 8 2.14 Rules of Debate ............................................................................... 8 2.15 Conduct .......................................................................................... 9 2.16 Questions during Debate ................................................................. 10 2.17 Point of Procedure .......................................................................... 10 2.18 Passage of Bylaws .......................................................................... 11 2.19 Voting – General ............................................................................ 11 2.20 Corrections .................................................................................... 11 2.21 Amendments ................................................................................. 12 2.22 Voting – Reconsideration ................................................................. 12 2.23 Voting - Rescind ............................................................................. 12 2.24 Appeals on Procedural/Decorum Rulings ........................................... 13

Part 3 ROLES AND RESPONSIBILITIES ............................................................ 13 3.1 Head of Council (Act s.225) ................................................................ 13 3.2 Chair ............................................................................................... 13 3.3 Deputy Head of Council (Act s.242) ..................................................... 14 3.4 Council (Act s.224) ........................................................................... 14 3.5 Clerk (Act s.228) .............................................................................. 14 3.6 Staff (Act s.227) ............................................................................... 15 3.7 Chief Administrative Officer (Act s.229) ............................................... 15 3.8 Members of the Public ....................................................................... 15

Part 4 MEETINGS ......................................................................................... 15 4.1 First Meeting .................................................................................... 15 4.2 Regular Meetings .............................................................................. 15 4.3 Special Meetings ............................................................................... 16 4.4 Emergency Meeting ........................................................................... 16 4.5 Closed Meeting ................................................................................. 16

Part 5 NOTICE OF MEETINGS ......................................................................... 18 5.1 Annual Schedule of Meetings ................. Error! Bookmark not defined.

Part 6 AGENDA ............................................................................................ 18 6.1 Agenda ......................................................................................... 18 6.2 Question Period ................................................................................ 19 6.3 Closed Meeting Agenda ...................................................................... 20 6.4 Adjournment .................................................................................... 20 6.5 Curfew ............................................................................................ 20 6.6 Committees / Appointments ............................................................... 20 6.7 Public Engagement Meetings .............................................................. 22 6.8 Electronic Participation ...................................................................... 22 6.9 Amendment ..................................................................................... 23 6.10 Mandatory Review .......................................................................... 23 6.11 Repeal – Repeal Enactment ............................................................. 23

Schedule A – Disclosure of Pecuniary Interest .................................................. 25 Schedule B - Agenda .................................................................................... 26 Schedule C - Staff Report .............................................................................. 27 Schedule D - Notice of Motion for Agenda submitted by Council Members ........... 28

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Schedule E - Items for Agenda submitted by Individuals or Bodies ..................... 29 Schedule F - Committees .............................................................................. 30

COMMITTEE OF THE WHOLE ....................................................................... 30 CORPORATE SERVICES COMMITTEE ............................................................ 31 COMMUNITY SERVICES COMMITTEE ............................................................ 33 POLICE SERVICE BOARD ............................................................................ 36 ELECTION COMPLIANCE AUDIT COMMITTEE ................................................. 37 COMMITTEE OF ADJUSTMENT ..................................................................... 38 ESPANOLA RECREATION & CULTURAL ADVISORY COMMITTEE ........................ 41 LIBRARY BOARD ....................................................................................... 43

Schedule G – Corporate Communications Policy ............................................... 44 Schedule H - Electronic Participation ............................................................... 44

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Part 1 DEFINITIONS

Definitions In this Bylaw:

1.1 Act

“Act” means the Municipal Act, 2001, as amended from time to time. 1.2 Ad-Hoc Committee

“Ad-Hoc Committee” means a Committee to advise Council on a specific issue or project. An Ad-Hoc Committee shall be governed by clear terms of

reference set out in a resolution or Bylaw and include language indicating when the Committee will cease to exist.

1.3 Chair “Chair” means the person presiding at a meeting.

1.4 Clerk “Clerk” means the person appointed by the Municipality pursuant to Section

228 of the Municipal Act and other relevant legislations.

1.5 Chief Administrative Officer “Chief Administrative Officer” means the person appointed by the

Municipality as Chief Administrative Officer (CAO) pursuant to Section 229

of the Municipal Act.

1.6 Committee of the Whole “Committee of the Whole” means a Committee of all Members of Council

1.7 Consent Agenda “Consent Agenda” means a list of items of a routine nature that do not

require substantial discussion or debate at a Council Meeting. Items on the Consent Agenda are approved in a single resolution.

1.8 Council “Council” means the elected Members of Council.

1.9 Council Package

“Council Package” means a copy of the agenda, closed meeting agenda, reports and all other information that Members require prior to a meeting.

1.10 Closed Meeting “Closed Meeting” means a meeting of Council or Committee that is not open

to the public pursuant to Section 239 of the Municipal Act or other legislations.

1.11 Deputy Mayor “Deputy Mayor” means a Member of Council appointed in accordance with

the Municipality’s policies to act in the place of the Mayor when the Mayor is absent.

1.12 Electronic Meeting “Electronic Meeting” means a Meeting where any Member is not physically

present but participates via electronic means of communication ie. Telephone or Video Conference. Such Member does not count for Quorum. The Member participating electronically can vote. The member participating

electronically may not participate in Closed Meeting or vote on an item discussed in closed session.

1.13 Emergency Meeting “Emergency Meeting” means an urgent meeting held without written notice

to deal with an emergency situation confronting the Municipality.

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1.14 Ex Officio “Ex Officio” means that the Mayor is a Member of all Committees of Council

and is entitled to attend, participate and vote, but is not counted in quorum unless specifically appointed to a seat on the Committee.

1.15 Head of Council “Head of Council” means the Mayor or the Deputy Mayor in the absence of

the Mayor.

1.16 Local Board “Local Board” means a Local Board as defined in the Municipal Act, 2001,

and shall include the Public Utilities Commission, Police Services Board,

Health Service Board and Public Library Board.

1.17 Meeting “Meeting” means any regular, special or other meeting of Council, a Local

Board or Committee where a quorum of Members is present, and Members

discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the Council, Local Board or Committee

as stated in Section 238 of the Municipal Act.

1.18 Member “Member” means a Member of Council, Local Board or Committee.

1.19 Motion “Motion” means a formal proposal brought forward at any regular, special or

other meeting of Council, a Local Board or Committee where a quorum of Members is present.

1.20 Motion to Amend “Motion to Amend” means a motion to vary the main motion before Council

or a Committee. 1.21 Municipal Act

“Municipal Act” means the Municipal Act, 2001, S.O. C.25 as amended

1.22 Municipality “Municipality” means the Corporation of the Town of Espanola.

1.23 Notice of Motion “Notice of Motion” means an advance notice to Members regarding a matter

on which Council will be asked to take a position. 1.24 Officer

“Officer(s)” means a person such as the Clerk, CAO/Treasurer, Chief Building Official and Fire Chief who holds a position of responsibility with

definite rights and duties prescribed by statute or Bylaw. 1.25 Order of Business

“Order of Business” means the sequence of business to be introduced and considered in a Meeting.

1.26 Point of Procedure “Point of Procedure” is a statement made by a Member to the Chair when

the Member believes there has been a contravention of the rules laid out in the Procedural Bylaw.

1.27 Pregnancy / Parental Leave

“Pregnancy / Parental Leave” is an absence of 20 consecutive weeks or less as a result of a Mother’s pregnancy, the birth of a Member’s child or the adoption of a child by the Member in accordance with Section 259(1.1) of

the Municipal Act, 2001.

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1.28 Presentation “Presentation” means a person or group (including a Member, Staff or

Public) who provides information to Council or Committee.

1.29 Quorum “Quorum” means a majority of Members of Council or Committee.

1.30 Reconsideration “Reconsideration” means bringing back in time to before vote ever took

place. 1.31 Recorded Vote

“Recorded Vote” means a vote in Council or Committee where the names of the Members and the position in favour or against a Motion are recorded in

the minutes. 1.32 Regular Meeting

“Regular Meeting” means a scheduled meeting held at regular intervals in accordance with the approved schedule of Meetings.

1.33 Report

“Report” means a written or other report from the Chief Administrative Officer, Clerk, Department Heads, Staff or Committee which report is approved by the Chief Administrative Officer or Clerk.

1.34 Rescind

“Rescind” means to repeal. 1.35 Resolution

“Resolution” means a Motion that has been approved by Council.

1.36 Special Meeting “Special Meeting” means a meeting that is called for a specific time and for a specific purpose to deal with an important matter that cannot be dealt

with at a Regular Meeting.

1.37 Standing Committee “Standing Committee” means a Committee comprised solely of Members of

Council.

1.38 Unfinished Business

“Unfinished Business” means matters listed in the Agenda which have not been dealt with in their entirety at a previous meeting.

1.39 Urgent “Urgent” means for the purposes of calling an Emergency Meeting, a matter

that is time-sensitive, and if not brought immediately, could result in or cause:

a. Danger to the life, health or safety or individuals;

b. Damage to property; c. An interruption of the essential services provided by the

Municipality; d. Loss of revenue by the Municipality; and/or e. Prejudice to the Municipality.

Part 2 GENERAL MEETING RULES 2.1 Application

The rules and regulations contained in this Bylaw shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business in Council and in Committees thereof,

including Boards, Advisory and Ad Hoc Committees as applicable, and in any case for which provision is not made herein the procedure to be followed

shall be that found in the most recent edition of Robert’s Rules of Order.

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2.2 Suspending Procedural Bylaw This Bylaw may be suspended, except for those rules or regulations set out

by legislation, with the consent of a majority of the members present and may be suspended before or during a meeting.

2.3 Conflict

In the event that there is a conflict between the provisions of this By-law

and any other by-law of the Municipality that concerns procedural rules for the Council, the provisions of this By-law shall apply.

2.4 Mayor The Mayor shall act as the Chair for all Council Meetings. The Mayor may

delegate his or her authority to Chair any meeting.

2.5 Absence of Mayor In the absence of the Mayor or if he or she refuses to act or if the office is

vacant, the Deputy Mayor shall carry out the Mayor’s duties and have all the

rights, powers and authority of the Head of Council.

2.6 Absence of Deputy Mayor If both the Mayor and the Deputy Mayor are unable to act as head of

Council for a meeting, Council shall appoint an Acting Mayor who shall have all the rights, powers and authority of the Head of Council for the purposes of that meeting.

2.7 Absence of Councillors

The office of a member of council of a municipality becomes vacant if the member,

a) becomes disqualified from holding the office of a member of council under section 256, 257, or 258 of the Municipal Act;

b) fails to make the declaration of office before the deadline c) is absent from the meetings of council for three successive months

without being authorized to do so by a resolution of council;

d) resigns from his or her office and the resignation is effective under section 260 of the Municipal Act;

e) is appointed or elected to fill any vacancy in any other office on the same council;

f) has his or her office declared vacant in any judicial proceedings;

g) forfeits his or her office under the Municipal Act or any other Act; and h) dies, whether before or after accepting office and making the

prescribed declarations. 2.8 Meetings During Election Period

1) There shall be no meetings of Committees during the period between

Nomination Day and Voting Day, as defined in the Municipal Elections Act, as amended from time to time.

2) There shall be no meetings of Council during,

a. Any weeks where advanced voting is scheduled; and b. The week wherein Voting Day is scheduled; unless

i. A meeting is required to deal with an urgent matter that requires Council’s attention.

2.9 Pregnancy / Parental Leave Section 2.6 does not apply to vacate the office of a member of council of a

municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the

adoption of a child by the member. Such a member does not require a resolution from Council. A member of council on pregnancy / parental leave shall reserve the right to exercise his

or her delegated authority at any time during their leave. Where a member of council will be absent due to a pregnancy and/or

parental leave, the member shall provide written notice to the Clerk and

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CAO, indicating expected start and end dates. Remuneration shall be suspended during this time.

2.10 Meeting Location

Unless otherwise authorized by Council, all meetings of Council shall be held at the Municipal Office in Council Chambers at 100 Tudhope Street.

2.11 Clerk A Clerk or Designate must be present at all Council Meetings or other

meetings where there is a quorum of Council. 2.12 Quorum

Quorum must be in attendance for all Meetings.

If Quorum is not present fifteen (15) minutes after the time appointed for the Meeting, the Meeting will be automatically adjourned until the next Regular Meeting or until a Special Meeting is called to deal with matters

intended to be dealt with at the adjourned meeting. The Clerk shall record the names of the Members present at the fifteen (15) minute time limit and

will include those names on Minutes for the adjourned meeting and will include those minutes on the agenda for the next Meeting.

2.13 Minutes Minutes of all Meetings, including a public hearing, will be recorded without

note or comment.

After approval, minutes of all meetings, will be posted in accordance with the applicable municipal policies.

If a Member arrives during a meeting or leaves before the end of the meeting, including a public hearing, the Clerk will record same, including

the time in the minutes. If a Member needs to leave before the end of a Meeting, they must inform the Chair and be excused.

2.14 Staff Attendance Staff has a statutory duty to provide advice to Council. As such, Staff, and

particularly Officers and Department Heads are expected to attend Council meetings and to provide advice on a regular basis. Staff and Officers shall attend meetings of Council when required by the CAO or Clerk.

2.15 Declarations of Conflicts of Interest

Where a Member has a pecuniary interest and discloses that interest in accordance with Section 5 of the Municipal Conflict of Interest Act, the Member will provide a written statement of the interest and its general

nature to the Clerk in accordance with Schedule A, will leave the Council Meeting while the issue is considered and will take no steps to influence the

decision in any way, either prior to, during or after the Meeting. 2.16 Rules of Debate

The Chair shall preside over the meeting, ensure good order and decorum and rule on procedural questions.

All agenda items to be discussed are to proceed by Motion.

Each Motion requires a moving Member and seconding Member. If no Member agrees to move or second the Motion, the item will be struck from

the agenda and will not be subject to debate.

The Chair or the Clerk will read the Motion or question. After being recognized by the Chair, every member shall respectfully

acknowledge the Chair prior to speaking on any matter.

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A Member who moves a Motion has the first right of speaking on that Motion after the Chair.

The seconder has the right of speaking second on the Motion.

A Member shall not speak a second time on a matter until all Members have

had a chance to speak without leave of Council, except:

a. if questioned by another member; or

b. to explain comments which the Member believes have been misunderstood; or

c. in the case of the mover of a Motion, in reply just before the Chair and

after everyone else has spoken.

No member, without the leave of the Mayor or the Chair, shall speak to a matter or in reply for longer than five (5) minutes.

Motions and amendments to a Motion must be moved and seconded in writing and signed by the mover and seconder.

A Motion may be withdrawn at any time prior to the vote thereon with the

consent of the majority of Members present. When a matter is being debated, no other Motion shall be entertained other

than a Motion:

a. to refer the matter to a certain body; b. to amend the Motion; c. to defer the Motion;

d. to adjourn the meeting; e. that the vote be taken.

A Motion to refer or defer shall be heard before any Motion or amendment

except a Motion to adjourn.

A Motion to refer shall require direction as to the body to which it is being

referred and a date that body is to report to Council or Committee and is not debatable.

A Motion to defer must give a reason and a date to which the matter is deferred. Only the date of deferral is debatable.

A Motion that the vote be taken shall not be entertained by the Chair until

each of the members has had an opportunity to speak at least once on the

particular matter.

Once a Motion that the vote be taken is passed, the original Motion and any amendments shall be voted upon without further debate.

2.17 Conduct Members are required to follow the Code of Conduct for Council in all

Meetings. No Member shall:

a. Speak disrespectfully of the Mayor or Deputy Mayor, of a Member

or Staff; b. Engage in private conversation while in the Council Chambers in

such manner as to interrupt the proceedings of council; c. Speak on any subject other than the subject in debate; and d. Speak in open Council about matters discussed in a Closed

Meeting. e. Interrupt a Member while speaking, by speaking out, making a

noise or disturbance, except to raise a procedure question.

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No person at a meeting shall:

a. Speak disrespectfully of the Mayor, Deputy Mayor, a Member or any staff person;

b. Use offensive words. c. Disobey the procedural rules or the decisions of the Chair or of

the Council or Committee.

d. Leave his or her seat while a vote is being taken and until the results are declared.

e. Make any disruptive noise or disturbance during a Meeting. f. Enter the meeting while a vote is being taken. g. Walk between a Member who is speaking and the Chair.

No person shall display signs or placards, applaud, engage in conversation

or other behaviour, which may disrupt debate. Electronic devices must be silenced during a Meeting and must not be used

to disrupt a Meeting.

No persons, except Members or the Clerk or the Secretary of a Committee, may approach members without permission from the Chair.

No person shall speak aloud at a meeting or address Members without first

receiving permission of the Chair to do so. All remarks shall be addressed

to the Chair. Members of the Public will not routinely be recognized and permitted to speak during a debate. Members of the Public may not be

recognized unless consent is given by the Chair and they are speaking to an item on the agenda.

Any person who contravenes any of the rules in this Bylaw is guilty of misconduct and, after an initial warning, may be removed from the Meeting

by the Chair. 2.18 Questions during Debate

A Member may, through the Chair, ask questions or request an explanation to a previous speaker’s remarks.

A Member may, through the Chair, ask questions during the discussion on

any particular item on the agenda and ask questions on the item to a Staff

of the municipality in attendance at the meeting.

Any Member may, once only, request that a Motion under discussion be read by the Chair at any time during the debate but may not interrupt another Member while they are speaking.

2.19 Point of Procedure

When a Member believes there is a violation of the rules in this Bylaw, the Member shall, when once recognized by the Chair, raise a point of Procedure.

On raising the Point of Procedure, a Member shall explain the violation of

the rules and the Chair shall rule upon the Point of Procedure. Once the Point of Procedure has been dealt with, the debate shall resume

unless the ruling has changed this procedure.

No member shall disobey the rules of Council or a decision of the Chair or of the Council on questions of order or procedure or an interpretation of the

rules of Council. Where a person (including a Member) has been warned about misconduct

and has continued, the Chair may expel the person from the Meeting and if such person refuses to leave, the Chair may recess and/or adjourn the

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Meeting without any motion to do so until such time as the person has left the meeting room.

If the Member apologizes, he or she may, by vote of the Council, be

permitted to retake his or her seat. 2.20 Passage of Bylaws

Except as otherwise may be required by statute or Council, every bylaw may be enacted and passed on a motion as follows:

a. “That Bylaw (number) be adopted and it is hereby enacted and passed

being a bylaw for (include a brief description of purpose).”

b. Every bylaw shall be passed at a Council meeting.

c. The Clerk shall endorse on all bylaws enacted and passed in Open

Council the date of enactment and passing and bylaw number and

shall be responsible for the correctness of such bylaws should they be amended.

d. Every bylaw which has been enacted and passed by the Council shall

be sealed with the seal of the Corporation, signed by the Mayor and by the Clerk or CAO/Treasurer, and shall be deposited by the Clerk in municipal office vault.

2.21 Voting – General

Once the vote is called by the Chair, no Member shall speak to any issue, ask any question or present any other motion until the vote has been taken.

Voting shall be by way of a “show of hands” in favour or against, except when a recorded vote is requested or through Vote Manager in the eScribe

Meeting Manager Software Program. A Member may request a recorded vote on any Motion. When a recorded

vote is requested, the Clerk shall call each Member’s name in alphabetical order and request and record their vote on the Motion. Notwithstanding the

alphabetical calling of names, the Chair shall vote last in a recorded vote. After completion of a recorded vote, the Clerk shall announce the result.

If a Member present at a meeting fails or refuses to vote, their vote will be counted as a vote against the Motion.

By way of exception, if a Member is present at a meeting and fails or

refuses to vote because their vote is prohibited by statute or by this By-law,

their vote shall not be counted as a vote against the Motion and shall be excluded from the final count.

The Chair shall announce the results of the vote once the vote is completed.

If a Member disagrees with the announcement by the Chair of the results of any vote, except a recorded vote, the Member may object immediately to

the Chair’s declaration and require a recorded vote to be taken. If there is a tie vote, the Motion is defeated.

When the question under consideration contains multiple options/issues,

any Member can request the Motion to be split and each option/issue to be voted on separately.

2.22 Corrections A motion containing a minor or typographic error may be corrected on the

request of the mover and seconder and the correction shall be made in writing on the face of the Motion and initialed by the mover and seconder.

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2.23 Amendments The following rules shall apply to amendments to Motions:

a. an amendment to a Motion is a change to the question asked in

the Motion; b. only one amendment at a time can be presented to the Motion; c. only one amendment can be presented to an amendment;

d. when an amendment to a Motion has been decided upon, another may be introduced;

e. the order of voting shall be: i. an amendment to an amendment shall be voted upon; ii. an amendment to a Motion shall be voted upon next, and

iii. the motion, as amended shall finally be voted upon.

An amendment which is simply a rejection of the Motion will not be permitted.

2.24 Voting – Reconsideration Before a Motion for reconsideration can be heard, its addition to the agenda

must be approved by Council in the following manner:

a. When a Motion has been decided, any Member who voted with the majority can move for the matter to be reconsidered. Members who were not in the majority cannot move for

reconsideration. b. When the Motion for Reconsideration is made at the same

meeting as the original Motion, the majority of Members present may grant leave to add the reconsideration to the agenda. c. Where the Motion for Reconsideration is made at a meeting after the

original Motion was decided, a majority must agree to add the reconsideration to the agenda.

d. Once the Motion for Reconsideration is added to an agenda, it follows the process for a Motion.

e. No more than two motions for reconsideration of any question

shall be permitted in the same calendar year. f. A notice of Motion for Reconsideration of any decided matter shall not

operate to stop or delay an action on the decided matter until the reconsideration is finally decided.

g. Debate on a Motion for Reconsideration must be confined to

reasons for or against reconsideration. h. No Committee shall reconsider any Motion/question decided by Council

during the current term nor consider any other matter, which could involve a decision inconsistent with such Council decision, unless specifically authorized by Council.

2.25 Voting - Rescind

The purpose of a Motion to Rescind is to annul some action Council has previously taken when it is too late to reconsider the vote. Its addition to the Agenda must be approved by Council. Any action of Council can be

rescinded by Council regardless of the time that has elapsed subject to:

a. A Motion to Rescind must be introduced according to the procedures for Notices of Motion;

b. A Motion to Rescind may only be put forward by a member who voted in the majority when the item was originally decided upon;

c. A previous decision cannot be rescinded after something has been

done as a result of that vote that cannot be undone. (i.e. – legal agreements, contracts);

d. No more than two motions to rescind the same resolution shall be permitted in the same calendar year.

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e. A Motion to Rescind shall require majority vote of the members of the entire Council.

f. If the member who gave notice of the Motion to Rescind is not in

attendance at the subsequent meeting, the Chair shall declare the Motion to Rescind not accepted.

g. Debate on a Motion to Rescind must be confined to reasons for or against rescinding.

2.26 Appeals on Procedural/Decorum Rulings Any Member may appeal a ruling of the Chair by announcing their appeal to

the Members.

The Member shall state the reasons for their appeal and the Chair may then indicate why the appeal should be rejected.

Without debate on the appeal, the Members apart from the Member making the appeal and the Chair shall then vote on the appeal.

If the appeal is upheld by the majority of voting Members, then the Chair

shall change his or her ruling accordingly; if the appeal is rejected then the ruling stands.

Unless a Member immediately appeals the ruling of the Chair, the ruling of the Chair on the procedural question shall be final.

Part 3 ROLES AND RESPONSIBILITIES

3.1 Head of Council (Act s.225) It is the role of the Head of Council to:

a. Act as Chief Executive Officer (“CEO”) of the Municipality;

b. Preside over Council Meetings so that its business can be carried out efficiently and effectively;

c. Assign the seating arrangements in council Chambers for all

Members prior to the First Meeting of Council; d. Provide leadership to Council;

e. Provide information and recommendations to Council with respect to the role of Council;

f. Represent the Municipality at official functions;

g. Uphold and promote the purposes of the Municipality; h. Promote public involvement in the Municipality’s activities;

i. Act as the representative of the Municipality both within and outside the Municipality and promote the Municipality locally, nationally and internationally;

j. Participate in and foster activities that enhance the economic, social and environmental well-being of the Municipality and its

residents; and k. Carry out duties prescribed by the Act;

3.2 Chair It is the role of the Chair to:

a. Open Meetings by calling the Meeting to order; b. Address the business listed on the Agenda;

c. Receive and have read to Council, all Motions presented by Members;

d. Put to a vote all Motions which are moved and seconded, and to announce the result of a vote;

e. Decline to put Motions to vote which breach the Procedural

Bylaw or other Legislation; f. Enforce, on all occasions, order, proper conduct and decorum

among all present at a Meeting;

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g. When, in the opinion of the Chair, the words or conduct of any person, including a Member, is in contravention of the Procedure

Bylaw or is causing unreasonable disruption to the Meeting, rule the person out of order and require the person to cease the

activity or vacate the Meeting; h. Provide information to Members on any matter relating to the

business of the Municipality;

i. Authenticate by signature all Bylaws, Resolutions and Minutes; j. Rule on any points of order raised by Members;

k. Maintain order, and, where it is not possible to maintain order, adjourn meetings to a time to be named by the Head of Council without any Motion being put forward; and

l. Call for the adjournment of the Meeting when business is concluded.

3.3 Deputy Head of Council (Act s.242) In the event the Head of Council is absent from the Municipality, the Deputy

Head of Council shall act in his or her absence and shall have all the rights, powers, and authority as the Head of Council.

If the Deputy Head of Council is unable to act in place of the Head of

Council and Quorum is present at the Meeting, the Clerk shall call the meeting to order and another Councillor shall be appointed by Council to act as the presiding official and shall preside over the meeting.

3.4 Council (Act s.224)

It is the role of Council to:

a. Represent the public and to consider the well-being and

interests of the municipality; b. Develop and evaluate the policies and programs of the

municipality; c. Determine which services the municipality provides; d. Ensure that administrative policies, practices, and procedures

and controllership policies, are in place to implement the decisions of council;

e. To ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

f. Maintain the financial integrity of the municipality and; g. Carry out duties of Council prescribed by the Act.

h. Ensure all correspondence addressed to and received by Mayor and/or Council or individual Councillors is circulated to all Members and the Clerk and in accordance with Policy H00-01870 Council

Correspondence.

3.5 Clerk (Act s.228) It is the duty of the Clerk to:

a. Record, without note or comment, all resolutions, decisions and other proceedings of Council;

b. If required by any Member present at a vote, to record the name and vote of every member voting on any matter or question;

c. Keep the originals or copies of all Bylaws and of all minutes of the proceedings of Council;

d. Perform other duties required under the Act or any other Act; e. Perform any other duties as assigned by the municipality;

f. Prepare and circulate Council Packages to all Members. g. Ensure all correspondence addressed to and received by Mayor and/or

Council or individual Councillors is circulated to all Members and the

CAO and in accordance with Policy H00-01870 Council Correspondence.

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The Clerk, where appropriate, may delegate, in writing, the duties of the Clerk to another person in accordance with Section 228(4) of the Act.

3.6 Staff (Act s.227)

It is the duty of Staff to: a. Implement Council’s decisions and establish administrative

practices and procedures to carry out Council’s decisions; b. Undertake research and proved advice to council on the policies

and programs of the Municipality; and c. Carry out other duties required under the Act and other duties

assigned by the Municipality.

3.7 Chief Administrative Officer (Act s.229)

It is the duty of the Chief Administrative Officer to: a. Exercise general control and management of the affairs of the

Municipality for the purpose of ensuring the efficient and effective operation of the municipality; and

b. Perform such other duties as are assigned by the municipality.

3.8 Members of the Public It is the role of Members of the Public to:

a. Attend Meetings which are open to the public; b. Follow the rules of order, polite conduct and decorum;

c. Provide input and information to Council at portions of meetings specifically designed for public engagement and in a manner dictated by Council (ie. writing, in person, electronic, etc.)

Part 4 MEETINGS 4.1 First Meeting

4.1.2 The first Meeting of the newly elected or acclaimed Council after a regular

election shall be held on the third Tuesday in November at 7:00 pm

At the first Meeting, the Clerk shall administer the declarations of office and

oaths of allegiance, and the Code of Conduct for all Members. No business shall be conducted at the First Meeting until the declarations of

office and oaths of allegiance and Code of Conduct have been administered to all Members.

4.2 Regular Meetings

4.2.1 Time and Place. Regular Meetings shall be held on the second and fourth Tuesday of each month at 7:00 pm.

4.2.2 Election Year. Following a regular election, Council shall only meet as is

deemed necessary by the Head of Council and the Clerk, until the new term

of Council takes effect.

4.2.3 Summer and December. During the months of July, August and December, there shall only be one meeting of Council which shall be held on the second Tuesday of these months at 7:00 pm.

4.2.4 Except as otherwise provided by the Municipal Act or other statutes, Council

may by resolution, dispense with or alter the time, day or place of any meeting in which case a notice shall be posted on a bulletin board at the Municipal Office and on the Town of Espanola’s website advising of the time

and place.

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4.3 Special Meetings

4.3.1 The Head of Council. The Head of Council may, at a time, summon a Special Meeting by providing a Notice of the Meeting to Members twenty –

four (24) hours before the Meeting. 4.3.2 Upon receipt of a petition from the majority of Council, the Clerk shall

summon a Special Meeting by providing a Notice of Meeting to Members twenty-four (24) hours before the Meeting.

4.3.3 The only business to be dealt with at a Special Meeting is that which is listed

in the Notice of the Meeting.

4.3.4 Special Meeting may be open or closed, depending on the business of the

Special Meeting, as provided in the Municipal Act, 2001.

4.4 Emergency Meeting

4.4.1 An Emergency Meeting may be called by the Head of Council without written notice, to deal with an Urgent Matter.

4.4.2 An Urgent Matter, a matter that is time sensitive, and if not brought

immediately could result in or cause:

a. Danger to the life, health or safety of individuals;

b. Damage to property; c. An interruption of the essential services provided by the

Municipality;

d. Loss of revenue by the Municipality; and/or e. Prejudice to the Municipality.

4.4.3 The Clerk will attempt to notify all Members, the CAO and the appropriate

Staff Members about the Urgent Meeting in the most expedient manner

available and as soon as possible.

4.4.4 Only business dealing directly with the Urgent Matter shall be dealt with at the Emergency Meeting.

4.4.5 Quorum is still required at an Emergency Meeting.

4.46 These provisions shall apply, with necessary modifications, to Committees and Local Boards.

4.5 Closed Meeting

4.5.1 A Closed Meeting is a Meeting, or a portion of a Meeting, that is not open to the Public.

4.5.2 Pursuant to Section 239 (1) to (6) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, a meeting of Council or a Committee may be

closed to the public if the subject matter being considered relates to:

Municipal Act Section 239 (2)

a. The security of the property of the Municipality or local board; b. Personal Matters about an identifiable individual, including municipal or

local board employees; c. a proposed or pending acquisition or disposition of land by the

municipality or local board; d. labour relation or employee negotiations; e. litigation or potential litigation, including matter before administrative

tribunals, affecting the municipality or local board; f. advice that is subject to solicitor-client privilege, including

communication necessary for that purpose;

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g. A matter in respect of which Council, a Board, Committee , or other body may hold a Closed Meeting under another Act.

h. Information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of

them; i. A trade secret or scientific, technical, commercial, financial or labour

relations information, supplied in confidence to the municipality or local

board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the

contractual or other negotiations of a person, group of persons, or organization;

j. A trade secret or scientific, technical, commercial or financial

information that belongs to the municipality or local board and has monetary value or potential monetary value; or

k. A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

Other criteria (Municipal Act 239 (3))

A meeting or part of a meeting shall be closed to the public if the subject matter being considered is,

(a) a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or

(b) an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of this Act, or the investigator referred to in subsection 239.2 (1). 2014, c. 13, Sched. 9, s. 22.

Educational or training sessions (Municipal Act 239 (3.1)) A meeting of a council or local board or of a committee of either of them

may be closed to the public if the following conditions are both satisfied: 1. The meeting is held for the purpose of educating or training the

members.

2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-

making of the council, local board or committee. 2006, c. 32, Sched. A, s. 103 (1).

Resolution (Municipal Act 239 (4)) Before holding a meeting or part of a meeting that is to be closed to the

public, a municipality or local board or a committee of either shall state by resolution, (a) the fact of the holding of the closed meeting and the general nature of

the matter to be considered at the closed meeting; or (b) in the case of a meeting under subsection (3.1), the fact of the holding

of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection. 2001, c. 25, s. 239 (4); 2006, c. 32, Sched. A, s. 103 (2).

Open meeting (Municipal Act 239 (5))

(5) Subject to subsection (6), a meeting shall not be closed to the public during the taking of a vote. 2001, c. 25, s. 239 (5).

Exception (Municipal Act 239 (6)) A meeting may be closed to the public during a vote if,

(a) subsection (2) or (3) permits or requires the meeting to be closed to the public; and

(b) the vote is for a procedural matter or for giving directions or

instructions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under

a contract with the municipality or local board. 2001, c. 25, s. 239 (6).

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4.5.3 No Member, officer or employee shall disclose the subject matter or deliberation of a closed meeting, unless expressly authorized to do so by

Council or the Committee.

4.5.4 After the closed meeting is adjourned the Chair shall report to the public that the meeting has resumed open session and the general nature of the matters dealt with in the closed meeting.

Part 5 NOTICE OF MEETINGS

5.1 The Clerk shall post on the municipal website notice of all Meetings. This posting will constitute notice to the public of the Meeting.

5.2 Public Notice of meetings shall be given by posting the Regular Meeting

schedule on the Town’s official website prior to the first meeting in January of each year. The meeting schedule shall include the date, time and location of Council, Committees and Advisory Committees. The meeting

schedule is subject to change as necessary. The Council and Committee agendas will be posted on a bulletin board outside the Municipal Office and

on the Town of Espanola’s website. Full council agenda, supporting research and staff reports excluding confidential items will be available to the public and media by 4:00 pm on Friday before the Tuesday Council /

Committee Meeting.

5.3 Council / Committee shall receive an electronic draft copy of an Agenda Wednesday by 4pm the week prior to a meeting and a hard copy by Noon Friday the week prior to a meeting.

5.4 The Clerk may amend the schedule from time to time with the direction of Council to reflect scheduling conflicts and holidays. The Clerk’s

amendments shall be circulated to all Members and will be posted on the website as soon as possible after the amendments are made.

5.5 The Clerk shall give at least twenty-four (24) hours’ notice to the public of all Special meeting and Committee Meetings unless the time for notice is

waived unanimously by Members who are in attendance at the Special Meeting or Committee Meeting.

5.6 Where a statute or the Notice Bylaw requires notice will be published in accordance with the statute/Bylaw in addition to the notice being posted on

the municipal website. 5.7 Nothing in this Procedural Bylaw prevents the Clerk from using more

comprehensive methods of notice or providing for a longer notice period.

5.8 Lack of receipt of notice or failure to comply with the notice provisions of this Procedural Bylaw shall not invalidate the holding of the Meeting or any decision of Council or the Committee made at the Meeting.

Part 6 AGENDA 6.1 Agenda

6.1.2 It shall be the duty of the Clerk to prepare the agenda of all meetings in

consultation with the Chair and CAO. Where there is a dispute about

including or excluding an item from the agenda, the Clerk’s decision shall be final.

6.1.3 All Council agendas shall be prepared by the Clerk in writing and shall be in

accordance with the attached Schedule B.

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6.1.4 The Council meeting shall consider the items to be dealt with in accordance with the order that is set out in the agenda unless otherwise decided by

resolution of the Members present at the meeting.

6.1.5 Items on the agenda, but not dealt with at the meetings, will be placed on the next regular meeting agenda under “Unfinished Business” unless set to a subsequent meeting by resolution of the Members present.

6.1.6 If a Member wishes to add an item that is not otherwise on the agenda,

when Council is considering the meeting agenda, the Member shall advise Council of the item and the Member shall require a majority vote to have the item considered. A completed Form as shown in Schedule D to this

Bylaw shall be provided to the Clerk.

6.1.7 All items to be included on the agenda will be provided to the Clerk by members, Staff or the public no later than eleven (11) calendar days before the meeting. Reports for a meeting will be finalized and filed with the Clerk

no later eleven (11) calendar days before the meeting.

6.1.8 Reports to Council shall be in the standard form set out in Schedule C.

6.1.9 Members wishing to have a matter placed on the agenda will provide the Clerk with a completed form as shown in Schedule D to this Bylaw.

6.1.10 Individuals or Bodies wishing to have a matter placed on the agenda will provide the Clerk with a completed form as shown in Schedule E to this

Bylaw. 6.1.11 The Clerk, Chair and CAO may decline to add items and /or reports to an

agenda. Reasons to decline include, but are not limited to the following:

a. More time is required to prepare Staff Reports for Council; b. The Delegation Request Form was not submitted by the deadline; c. The Delegation Request Form is incomplete;

d. The subject matter of the Delegation is outside of the jurisdiction of Council;

e. The subject matter is with respect to a matter that should be discussed in a Closed Meeting;

f. The subject matter is set to be discussed on another agenda;

g. The issue is frivolous or vexatious; h. The issue has been or is to be considered by the Committee of

Adjustment; i. Council has previously considered or made a decision on the issue and

a Delegation has appeared before Council with respect to the same

issue and has no additional information to provide; j. Council previously indicated that it will not hear further from this

Delegation; k. There are legal grounds that do not permit it; or l. The issue should be referred to the Administrative Department for

action.

6.2 Question Period 6.2.1 A 15-minute public question period is an opportunity for the public to direct a

question to Council pertaining to subjects that appear on the Agenda for the specific Council meeting, Questions asked during Question Period and

responses from Council shall be recorded in the minutes of the meeting.

Speakers shall respect the need for Question Period to proceed in a timely fashion and shall proceed according to the following guidelines:

Speakers shall state their full name, address and the organization they represent, if any;

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Speakers are required to ask a question and are not permitted to make a speech. Speakers shall be limited to a preamble to their question of a

maximum of two statements sufficient to establish the context for the question

Speakers are limited to 1 question and 1 question follow-up on the same point. Each question will carry a 5 minute maximum time limit; this includes the speaker asking the question and the response time.

Questions shall be directed to the Mayor/Chair who can redirect to an individual Councillor if deemed appropriate.

The Mayor/Chair reserves the right to defer responding to a question in order to obtain the information required to provide a comprehensive and accurate response, in which case a response will be provided in writing.

A Question that has been deferred shall be submitted in writing by the Speaker to the Clerk prior to a response being provided.

The Mayor/Chair reserves the right to terminate the Speaker and Question Period for abuse of privilege.

A question is out of order if:

It is regarding a matter of current litigation or legal action against the Corporation of the Town of Espanola, or is deemed to harm the interests

of the Corporation or is regarding matters that were the subject of a concluded Public Hearing;

A speaker is making political statements, using rude and/or obscene

language or defamatory comments, it is used as a means to debate, make statements, claims or allegations;

The answer would require or constitute a professional opinion or a personal evaluation;

It attempts to or is perceived to circumvent the Municipal Freedom of

Information process and items already subject to a Freedom of Information request.

If less time is required and there are no further questions, the Mayor/Chair will declare the Question Period to be closed.

6.3 Closed Meeting Agenda

6.3.1 In the event the Clerk receives items for a closed meeting agenda, they

shall be placed on the Closed Meeting Agenda and provided to Council in a

separate confidential Council Package.

6.4 Adjournment 6.4.1 A Motion to adjourn does not need a seconding Member.

6.4.2 A Motion to adjourn a meeting will be considered at any time unless:

a. Another Member has been recognized by the Chair and is speaking on

a matter; or

b. during the taking of a vote.

6.4.3 If a Motion to adjourn is defeated, the moving Member may not bring another Motion to adjourn until the agenda is completed.

6.5 Curfew Meetings shall be automatically adjourned at 10:00 pm unless otherwise

determined by resolution passed by a majority of the Members present.

6.6 Committees / Appointments 6.6.1 Schedule F Committees

6.6.2 Committees of Council (Standing Committees)

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6.6.2.1 Composition:

The following shall constitute the Standing Committees of Council:

6.6.2.1.1 Corporate Services 6.6.2.1.2 Community Services

6.6.3 General:

6.6.3.1 The Mayor shall be an ex-officio member of all committees of Council; shall have the same rights and privileges as any other member of the Committee and shall constitute part of the quorum, with the exception

of where Provincial Legislation supersedes municipal bylaws.

6.6.3.2 The Standing Committees will have four members of which one member being the Mayor or his/her designate.

6.6.3.3 Council on an annual basis shall appoint each member to the Committee. The Chairperson will provide executive direction to each of the

committee’s associated departmental functions. Such direction shall be in conformity with the Terms of Reference as specified for each Committee.

6.6.3.4 Committee meetings will be conducted in the same manner as Regular Council meetings with the exception of voting. The Chairperson

may take part in all discussion prior to a motion but will only exercise the privilege of voting in the case of a tie amongst the members present.

6.6.3.5 The duties and responsibilities of the Standing Committees are stated in the attached Terms of Reference and are considered as forming

part of the procedural bylaw.

6.6.3.6 The regular scheduled meetings of the Standing Committee will be held on the first & third Tuesday of every month.

6.6.3.7 The Committee Chair may call special meetings of any Standing Committee whenever he/she considers it necessary.

6.6.4 Special Purpose Bodies (Ad Hoc Committees & Boards)

6.6.4.1 There shall be 5 special purpose bodies, Ad Hoc Committees and Boards.

6.6.4.1.1 Police Services Board 6.6.4.1.2 Election Compliance Audit Committee

6.6.4.1.3 Committee of Adjustment 6.6.4.1.4 Espanola Recreation & cultural Advisory Committee

6.6.4.1.5 Library Board 6.6.4.2 Ad Hoc Committees of Council may be appointed by Council by

motion from time to time to consider specific matters.

6.6.4.3 All applications for members at large for appointment to Special Purpose Bodies, Boards and Ad Hoc Committees shall be on the prescribed form supplied by the Clerk and shall be received by the

Clerk and shall be dealt with at the first meeting of Council in January. All applicants shall meet the required qualifications as set

out by the various acts authorizing the formation of the committee or board, and it shall be the responsibility of the Clerk to ascertain

these qualifications for each applicant. The term of appointment for members at large shall coincide with the term of council.

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6.6.4.4 Immediately following an election, the Clerk shall place an advertisement in the local newspapers outlining the various

positions to be filled on the Municipality’s Special Purpose bodies and ad hoc committees and inviting applications from interested

citizens. 6.6.4.5 Copies of all applications received for each position shall be

submitted with the agenda for the first regular meeting.

6.6.5 6.6.4.6 From time to time Council may be required to replace committee or board members. At that time the Clerk shall place an advertisement in the local newspapers outlining the various positions to be

filled on the Municipality’s Special Purpose bodies and Ad Hoc committees and inviting applications from interested citizens. Following the application

deadline, copies of all applications received for each position shall be submitted with the agenda for the next Regular Meeting. Rules and Regulations

These Rules and Regulations contained in this bylaw shall apply to all committees,

and boards with the necessary modifications.

6.6.5.1 The agenda shall be provided to the Board/Committee members and to each council member 48 hours prior to the meeting.

6.6.5.2 Where practical all Committee meetings shall be held in the Municipal Office Boardroom.

6.6.5.4 A staff report shall accompany all items to be presented on an

agenda and shall be submitted to the clerk’s office prior to 12:00

pm on the Wednesday preceding the meeting of Council

6.6.5.5 Recommending motions from a board or committee shall have attached the staff report and any pertinent background information and shall be submitted to the clerk’s office in accordance with

Section 6.1.7 of this bylaw.

6.6.5.6 Special Boards & Committees will follow the procedures of this bylaw subordinate to Provincial legislation and other municipal bylaws governing their structure and activities.

6.6.5.7 Where a conflict arises between the procedural activities of a

Special Purpose Board or Committee and this bylaw the governing structure and its procedures of the Board or Committee will take precedence subject to any review of Council.

6.6.5.8 All Board/Committee members appointed by Council shall undergo

an orientation set out by the Municipal Administration Department in compliance with applicable legislation.

6.7 Public Engagement Meetings

6.7.1 Schedule G Corporate Communications Policy

6.8 Public Hearings 6.8.1 When a public hearing is required by statute or by-law, the provisions

herein shall apply over any other provisions of this By-law and any other by-law of the Municipality that concerns procedural rules for the Council.

6.8.2 Commencement of Public Hearing

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The hearing shall commence by an announcement by the Chair stating that the matter is a public hearing, and the Chair shall describe the subject

matter of the hearing, and shall state that any person present who wishes to speak on the matter shall be permitted to do so.

6.8.3 Order and Time Limitation of Speakers

All speakers will be limited to ten minutes of speaking time. If a significant number of speakers are present, the Chair may encourage speakers to limit

their time to five minutes to allow all individuals present the opportunity to be heard. Individuals present at a public hearing will be permitted to speak on the matter in the following order:

1) Staff; 2) The applicant or appellant;

3) Council Members who wish to speak to the matter; and 4) Any other individual present who wishes to speak to the matter.

6.8.4 Limitation on Motions

Once a public hearing has commenced, no motion shall be read or voted upon until all individuals present who wish to speak to the matter have had

an opportunity to be heard. Where a motion is required for a recess, adjournment, or to defer the public hearing to a later date, a motion may be read and voted on at the Chair’s discretion.

6.8.5 Deferral to a Later Date

When a public hearing is to be deferred to continue at a later date, the Chair shall announce the time and place of the continuation. If the time

and/or date is not yet available for announcement, the Chair shall instruct all individuals present to leave their name and address with the Clerk for

notice of the continuation of the hearing. When the time and place of the continuation is known, the Clerk shall send a notice to all individuals who left their name and address at the hearing.

6.8.6 Conclusion of Public Hearing

The hearing shall conclude by an announcement by the Chair stating the public hearing portion of the meeting has concluded, and when Members

will discuss and vote on the matter. Following this announcement, no further submissions are permitted from the applicant or appellant, or any

other individuals present that are not Members, and the Members shall discuss and vote on the matter.

6.9 Electronic Participation

6.9.1 Schedule H Electronic Participation Policy 6.9.2 In accordance with the Municipal Act, electronic participation shall not be

available when meetings are closed to the public.

6.10 Amendment 6.10.1 Any provision contained in this Bylaw may be repealed, amended or

varied and additions may be made to this Bylaw by a majority vote, provided that no motion for that purpose may be considered unless notice

thereof has been given in accordance with the Municipality’s Notice Bylaw.

6.11 Mandatory Review 6.11.1 That this Bylaw shall have a mandatory review each term of Council.

6.12 Repeal – Repeal Enactment

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6.12.1 That Bylaw 2062/08 and amendments thereto be and are hereby repealed.

6.12.2 This Bylaw comes into force and takes effect on the date of enactment.

ENACTED AND PASSED THIS______ DAY OF ______________, 2019 AS WITNESSED BY THE SEAL OF THE CORPORATION AND THE HANDS OF ITS PROPER OFFICERS.

_________________________ __________________________ Jill Beer Paula Roque Mayor Clerk

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Schedule A – Disclosure of Pecuniary Interest 1. Instructions

A Member shall: a) prior to the consideration of the matter at the meeting, disclose the interest

and the general nature thereof; b) shall not take part in the discussion of, or vote on any question in respect of the mater; and

c) shall not attempt in any way whether before, during or after the meeting, to influence the voting on any such question.

Where the meeting referred to in section 5(1) is not open to the public, in addition to complying with the requirements of that subsection, the member shall forthwith

leave the meeting or the part of the meeting during which the matter is under consideration.

Where the interest of a member has not been disclosed as required by section 5(1) by reason of the member’s absence from the meeting referred to therein, the

member shall disclose the interest and otherwise comply with subsection (1) at the first meeting of the council or local board, as the case may be, attended by the

member after the meeting referred to in subsection (1), 1990, c.M.50, s.5(3). 2. Declaration of member ____________________________________________

(Name of member and committee if applicable)

I disclose a pecuniary interest in the following matter considered by the above body at its meeting on _________________________________. (date)

Provide the Agenda Item ie. G1: _________________________________________

The general nature of the pecuniary interest is as follows: ___________________________________________________________________

___________________________________________________________________ ___________________________________________________________________

I certify that the above information is true, complete and accurate.

_________________________________ ________________________ Signature of Member Date

_________________________________ Date received by Clerk/Initial

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Schedule B - Agenda A consent agenda allows Council to approve all items together without individual motions. Consent agenda items are recommendations from Committees, routine,

procedural and operational decisions. Illustrative sections are listed below.

Prior to reading out the Consent Agenda motion, the Chair asks members if there are any items they wish to be severed from the consent agenda and discussed separately. If there are items to be severed, the Consent Agenda motion will be

amended to reflect the exclusion of the severed items and the Mover and Seconder will initial the change. The Clerk shall read out the amended motion, the Chair will

review the items on the Consent Agenda and the motion is voted on. Severed items are placed on the regular meeting agenda, that being Part 2.

11.1 The Clerk shall have prepared and printed for the use of the Members at the Regular Meetings of Council an agenda under the following headings:

A. Indigenous Land Acknowledgement Statement B. Disclosure of Pecuniary Interest and General Nature Thereof

C. Public Hearing D. Delegations/Petitions

E. Question Period F. Part 1 – Consent Agenda G. Adoption of Minutes

H. Board and Committee Reports I. Business Arising from Board and Committees

J. Bylaws and Resolutions K. Reports Part 2 – Regular Agenda

L. Bylaws and Resolutions M. Correspondence for Information Only

N. Information O. Conference and Conventions

P. Mayor and Council Reports and Announcements Q. Future Council Meetings R. Adjournment

S. Closed Meeting (if required)

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Schedule C - Staff Report

STAFF REPORT DEPARTMENT: DATE:

ITEM:

RECOMMENDATION:

BACKGROUND:

ANALYSIS:

EXISTING POLICY:

STRATEGIC GOAL:

FINANCIAL COMMITMENT:

BUDGETED: Yes No

IMPLEMENTATION:

Prepared By:

Department Manager:

CAO / Treasurer:

Approval of Recommendation: Yes No

Comments:

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Schedule D - Notice of Motion for Agenda submitted by Council

Members Item:

Resolution:

Be It Resolved That:

Mover:

Seconder:

Issue:

Meeting Date:

Resources:

Signature of Member Date

Signature of Clerk Date Received by Clerk

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Schedule E - Items for Agenda submitted by Individuals or Bodies Individual or Body’s Request to Put Item on Agenda:

Issue:

Position on the Issue:

Name, Group Affiliation, Contact Information of Presenters:

Copy of Presentation Attached _____

Signature of Submitter Date

Signature of Clerk Date Received by Clerk

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Schedule F - Committees

1. Committee of the Whole meetings may be called during a regular meeting of

Council, a Special meeting of Council or on prior notice at a Regular or Special Meeting that a separate Committee of the Whole meeting is required.

2. Committee of the Whole meetings shall be called as the public interests require and may be “In Camera” meetings.

3. The Mayor, or in his or her absence, the Deputy Mayor, shall be the

Chairperson of the meeting.

4. A quorum of Council must be present at a Committee of the Whole meeting.

5. No motions are to be passed in Committee of the Whole meetings, but motions of recommendation to Council may be prepared.

6. When Council goes into a Committee of the Whole meeting during a Regular or Special Meeting of Council, the Chairperson of the Committee of the Whole

meeting shall report the Committee of the Whole’s recommendations. Any necessary or required motions will be presented to Council for Council’s action

7. When a Committee of the Whole meeting is held outside a regular meeting, the Chairperson of the Committee of the Whole meeting shall report the

Committee of the Whole’s recommendation to the Council at the next regular meeting.

8. The Clerk or his designate shall be secretary of the Committee of the Whole meetings and act as a resource person for the Committee.

COMMITTEE OF THE WHOLE

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TERMS OF REFERENCE

PURPOSE

The Corporate Services Committee formulates recommendations and policies to Council concerning the Town’s long range goals and strategic plans and reviews all financial matters. In addition, this Committee recommends appropriate corporate

policies to Council and reviews all pertinent Federal, Provincial and Municipal legislation.

Corporate Services will also deal with issues relating to Human Resources and Employment Practices for all Municipal Departments. Its activities and recommendations are subject to the approval of Council.

The Committee will be responsible for and give regard to policies that protect, enhance and maintain the integrity and well-being of the Municipal Corporate body.

JURISDICTION

Council & Corporate Policy Services Human Resource Services

Treasury & Financial Services Legal & Realty Services

Provincial Offences Services Planning Services Animal Control

Functions

The committee giving regard to the above jurisdictional areas is responsible for ensuring that the Administrator manages Council’s Policies respecting:

1. The review of all pertinent legislation with a view of ensuring that Council is

meeting its legal obligations through its resolutions, bylaws & policies.

2. The review and recommendations of all corporate & policy matters to Council that

transcends the mandates of other Council committees.

3. The review and, if necessary, the modification of the Town’s strategic plans (5 to

10 years) after examination of all relevant/available data, financial projections, in consultation with municipal staff and outside sources.

4. The review of Council’s long-range goals (3 to 5 years) as proposed by staff.

5. The presentation to Council of the financial forecast and the annual budget of the

Council and recommend their approval.

6. The method of frequency of reporting to Council (and the Municipality) regarding all

corporate matters.

7. The preparation of all Council bylaws and motions and policies.

8. The budget for the jurisdictions as defined in the committee terms of reference.

9. Requests for unbudgeted items and recommendations to Council.

10. The Corporate Municipal Policy Manual as adopted by Council.

11. The provision of resource personnel in times of union negotiations.

12. The provision of labour relations as required.

13. A periodic review of all staff leaves of absence, overtime, compensatory time, and sick leaves, as well as the annual performance review.

14. A periodic review of all other matters related to the management of human resources and the part they play in the fulfillment of the Town’s goals and objectives.

15. Periodic review and if necessary changes to the operational structure of all departments

16. Departmental Reports shall be submitted to the Committee on a monthly basis.

CORPORATE SERVICES COMMITTEE

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COMPOSITION

The Committee shall consist of three (3) members of Council – three (3) Councillors and the Mayor as Ex-Officio.

QUORUM

A quorum of the Committee shall be a majority of the members. AGENDA

Committee agendas shall be established jointly by the Chairperson and the primary

staff resource person. STAFF RESOURCES

CAO

Clerk/Manager of Financial Services Other Staff as Required

Administrative Assistant The Committee, through the Chairperson shall have the power to invite additional

persons to attend from time to time. The Chairperson shall report to Council on agenda items and decisions reached.

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TERMS OF REFERENCE

PURPOSE:

The Community Services Committee formulates recommendations and policies to Council concerning the Town’s Protective Services, Transportation & Environmental Services and Leisure Services.

The recommendations & policies will give regard to the following areas with an

emphasis on the health, safety, welfare, and the infrastructure of the community: Transportation

To develop and provide standards, programs and policies necessary to maintain the

Municipal sidewalks and roadways in a year round safe useable condition and to provide guidance on issues dealing with traffic movement, signage, parking, transit

and lighting. To develop and provide standards, programs and policies to be used in the construction of all road related construction work.

Environmental

To develop and provide a preventative maintenance program for the water distribution system as well as the sanitary and storm sewer main line collection systems to ensure a reliable service with the least possible interruption and

inconvenience to their user. To organize, develop, and negotiate all solid waste collection and disposal

contracts, as well as other required waste management programs. To review and comment on future development impacts on the water and sewer systems, and to make recommendations on the requirements necessary to offset

the same.

Parks & Leisure Services To review recommendations from Leisure Services staff in developing programs for

the Recreation Complex that provides safe and clean conditions for the general public; maintains the current infrastructure investment and meets the needs and

interests of the community. To develop and provide safe, clean recreational areas and facilities in order to meet the needs and interests of the inhabitants of the Town of Espanola.

To develop and provide standards, programs and policies to ensure safe practices, efficiency and accountability within operations.

Assist the Corporation by evaluating the success of Leisure Services through the review of the annual report outlining its progress. To review the annual work plan that will outline past accomplishments for the year,

current work in progress as well as outline proposed annual initiatives.

Fire, Property Standards and Building Services Ensure that the Fire Services takes all the proper measures for the prevention,

control and extinguishment of fires, the protection of life, property, and the enforcement of all municipal bylaws respecting fire prevention and exercise the

powers and duties imposed by the Fire Marshal’s Act. Ensure that Property Standards Services takes all proper measures for the

maintenance and occupancy of property, for the protection, safety, health and well-being of the public and for the prevention of the degradation of neighbourhoods within the Town.

Ensure that Building and Zoning Services takes all proper measures in the maintenance of bylaws related to building and compliance with the Ontario Building

Code.

COMMUNITY SERVICES COMMITTEE

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Ensure that the Town’s Emergency Plan is current and meets all relevant legislation respecting the Health and Safety of the community.

JURISDICTION

Transportation Services Environmental Services

Parks & Leisure Services Building Services

Emergency Management Fire Services Property Standards

FUNCTIONS

The Committee giving regard to the above jurisdictional areas is responsible for ensuring that the Administrator manages Council’s Policies respecting:

1. Traffic Control, Signage and traffic lights,

Street Sidewalks and Lanes, Summer and winter maintenance programs,

Public parking lot maintenance & Snow dumping sites, Fencing and posting of land, Street lighting

2. The Water treatment plant & distribution system, The Sanitary Sewer collection system & treatment plant,

The Storm water collection system, Solid waste collection and disposal

Recycling composting, and household hazardous waste.

3. Parks, flowerbeds, ball/soccer fields, playgrounds, beach and all associated

facilities. Cemetery & Boat launch we may have to add trails

4. Recreation facilities including the Recreation Complex. Community awareness of available recreation opportunities. Special events, Programming and Activities within the Leisure Services complex

5. All summer student hiring giving regard to the procedures as outlined in the Town of Espanola hiring policy.

6. Fire prevention programs, manpower allocation & training.

7. Mutual Aid & External Fire agreements

8. Updates to the Emergency Plan, 911 issues and the house numbering bylaw

9. Bylaws for building, maintenance and occupancy of property

10. Departmental Reports shall be submitted to the Committee on a monthly basis.

COMPOSITION

The Committee shall consist of three (3) members of Council – three (3) Councillors and the Mayor as Ex-Officio.

QUORUM

A quorum of the Committee shall be a majority of the members.

AGENDA

Committee agendas shall be established jointly by the Chairperson and the primary staff resource person.

STAFF RESOURCES

CAO Clerk

Manager of Leisure Services, or alternate Manager of Public Works or alternate Chief Building Official

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Fire Chief Other Staff as Required

Administrative Assistant

The Committee, through the Chairperson shall have the power to invite additional persons to attend from time to time. The Chairperson shall report to Council on agenda items and decisions reached.

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TERMS OF REFERENCE

PURPOSE:

To provide adequate and effective police services for the Town of Espanola in accordance with the police needs of the Town of Espanola and the Police Services

Act. JURISDICTION

Police Services

Police Liaison FUNCTIONS:

The Board is responsible for the provision of adequate and effective police services

in the municipality and shall;

1. Participate in the selection of the detachment commander of the detachment assigned to the municipality or municipalities;

2. Generally determine objectives and priorities with respect to police services in the municipality, after consultation with the detachment commander or designate;

3. Establish policies for the effective management of the police force; 4. Establish after consultation with the detachment commander or designate,

any local policies with respect to police services 5. Monitor performance of the Detachment Commander

6. Receive regular reports from the Detachment Commander or designate on disclosures and decision made under Section 49;

9. Review the detachment commander’s administration of the complaints

system under Part V and receive regular reports from the detachment commander or designate on his or her administration of the complaints

system. 13. Complete and submit applications for grant funding and assist in final

reporting

STAFF RESOURCES: Town CAO

Secretary to the Board Other staff as required

COMPOSITION

The Mayor One councillor of the Town of Espanola; appointed by resolution

One member from the public at large appointed by Council for the Town of Espanola Two persons appointed by the Lieutenant Governor in Council.

POLICE SERVICE BOARD

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Purpose:

As directed by the Municipal Act, Section 81.1 (1) a committee is established to review a compliance audit application made by an elector who believes on

reasonable grounds, that a candidate has contravened a provision of the Municipal Elections Act respecting election campaign finances. The Committee subsequent to the review will determine if the application warrants

further action.

Composition:

The Committee shall be comprised the Clerk/designate for each of the following municipalities Township of Nairn-Hyman, Township of Baldwin, Township of Sables-

Spanish Rivers.

Quorum:

A quorum of the Committee shall be a majority of its members.

Term:

Subject to Section 88.37 (1) of the Municipal Elections Act, 1996, c. 32.

Agenda:

To be determined by applications as forwarded to Committee by Clerk of Municipality for which candidate was nominated for office.

Meetings: As required, to dispose of the application and any subsequent procedures required

to complete the duties of the committee.

Function:

1. Review Compliance Audit applications as submitted by ratepayer.

2. Grant or reject application.

3. Where application is granted, appoint an auditor

4. Review auditor’s report

5. May initiate legal proceeding if contravention is determined in audit report

6. May make a finding that application was reasonable but no appearance of contravention.

Staff Resources:

Clerk Recording Secretary

Other Staff as required

Special Purpose Body Advisory Committee:

ELECTION COMPLIANCE AUDIT COMMITTEE

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TERMS OF REFERENCE

Purpose

The Committee of Adjustment is a statutory tribunal with authority delegated to it by the Town of Espanola Council, under the provisions of the Ontario Planning Act, to hold public hearings to make decisions on applications submitted to the Town of

Espanola Planning Department for minor variances. The Committee operates independently from Council and its decisions may be appealed to the Local Planning

Appeal Tribunal (LPAT). Mandate

The Goal of the Committee of Adjustment is to provide for and conduct a fair

hearing by: Allowing anyone wishing to speak to an application an opportunity to do so

Giving due diligence to the consideration of each application Openly having all discussions about each application and making all decisions

in public at the hearing

Making rational decisions with appropriate, well thought out conditions clearly stating the reasons for their decisions.

The Committee of Adjustment may:

Authorize minor variances from the provisions of the Town Zoning Bylaw for

land, building or structure or their use

Any responsibilities not clearly identified within the Terms of Reference shall be in accordance with the Ontario Planning Act.

Minor Variances

The Zoning Bylaw regulates how land and buildings are used and where buildings and structures can be located. This Bylaw also specifies lot sizes and dimensions, parking requirements, building heights and other regulations necessary to ensure

proper and orderly development. However, sometimes it is not possible to meet all of the requirements of the Zoning Bylaw. In that case, a property owner may apply

for approval of a minor variance. A minor variance is not a right, it is meant to address the inflexibility of the Zoning Bylaw so that an undue hardship is not created. A minor variance provides relief from a specific Zoning Bylaw requirement,

excusing a property owner from meeting the exact requirements of the Bylaw.

For the Committee to approve this type of application, the Planning Act requires that the members must be satisfied that the application meets all of the following four tests:

Is considered to be a minor change from the Zoning requirements (an evaluation of impact rather than a numerical value)

Is desirable for the appropriate development or use of the land, building or structure;

Maintains the general intent and purpose of the Official Plan and

Maintains the general intent and purpose of the Zoning By-Law.

Delegated Authority

The Committee of Adjustment is a quasi-judicial body, charged with observance and protection of applicable planning law and also with protecting the rights of the individuals affected by the decisions made.

The common law principles of natural justice require the Committee of Adjustment

to ensure that individuals affected by their decisions have their equivalent of “a day

COMMITTEE OF ADJUSTMENT

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in court”. The Committee must also satisfy legal requirements concerning notice, public hearings, calling of witness, notices of decisions and recording of

proceedings. All timelines under the Act will be strictly adhered to.

As well as the legal procedures detailed in the Planning Act, the Municipal Act, the Statutory Powers Procedure Act, the Municipal Conflict of Interest Act and the Municipal Freedom of Information and Protection of Privacy Act govern the

Committee of Adjustment.

The Committee of Adjustment is guided by planning policies and controls established by the Town of Espanola through the Official Plan, Zoning Bylaw and other Bylaws for controlling development and the Province of Ontario, including the

Planning Act, statements of Provincial interest as defined in policy statements, implementation guidelines and Provincial plans.

The Committee of Adjustment has the authority to act on matters to carry out the mandate of the Committee pursuant to the Ontario Planning Act, using its discretion

and judgment.

Committee Composition

Upon recommendation from the Mayor and Council and with input provided by the Committee of Adjustment Secretary, Committee members will be appointed by Council.

Council may, by resolution as and when required in order to maintain the requisite

number and composition of members on the Committee, select and appoint new members to the Committee for the duration of the term.

The Committee will be composed of three (3) persons who demonstrate the following qualifications:

A commitment to and interest in the community. An understanding of the planning framework and planning instruments,

including Town Official Plan, Zoning Bylaws and the Province of Ontario,

including the Planning Act, policy statements, implementation guidelines and Provincial plans.

Resident or owner of property in the Town of Espanola, available and committed to conduct site inspections of subject properties and attend all Committee meetings.

Objective and have an open mind in order to fully consider the evidence provided.

The Committee shall be composed of the following:

Two (2) members who are citizen volunteers who reside and/or own property

within the municipality, voting members One (1) member of Council, one alternate member of Council

Staff Liaison as required as a non-voting staff resource Recording Secretary, Manager of Planning Services as a non-voting staff

resource

Only members, appointed by Council, may vote on any issue.

Other parties, with interest, such as subject matter experts, may be invited to the meetings, as required, but without voting privileges.

Council may, by resolution at any time and from time to time at its sole discretion

remove any member, voting or non-voting, from the Committee, as it deems advisable.

A Committee member may apply for a re-appointment for any number of consecutive or non-consecutive terms.

Resignations from the Committee must be in writing to the Committee Chair and

Clerk.

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The advertising of vacancies and appointments will be in accordance with the

policies and practices adopted by Council from time to time.

Committee Positions & Roles Chair: One member will be chosen by majority vote of the Committee at the first

meeting of each New Year to Chair the meetings and oversee the business of the Committee for that year.

Acting-Chair: A Vice-Chair for the same duration will be chosen by majority vote of the Committee, as needed. The role of Acting-Chair is that of Chair when assuming

the role of Chair. Secretary-Treasurer: The role of Secretary is to confirm the meeting date and

location with the Clerk’s Office, shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the Committee, prepare the Agenda, take the minutes, and provide a copy of the

minutes to the Clerk’s office and all Committee members. The Secretary will be the Manager of Planning Services.

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Purpose:

The Town of Espanola Recreation & Culture Advisory Committee (“the Rec Committee”) will serve to strengthen and increase recreation and cultural

opportunities, and strive to improve the quality of life and experience for all residents and visitors. Recreation and culture is broadly defined to include sport, arts and culture, indoor & outdoor leisure, festivals and community

events.

Principles: Enhance the quality of life for all residents Ensure accessibility of indoor & outdoor recreation, events and culture

Collaborate and partner to achieve common objectives

Mandate: Support & assist with the goals, objectives and strategic directions as set out

by the current Recreation Master Plan and the Active Community Charter. Serve as a liaison and advise Council on matters pertaining to the effective

and efficient delivery of recreation services, facilities, programs and special

events. Identify issues, trends and gaps in service and advise on how to address

these in service planning Advise Council on policy to support the vision of an active, healthy

community

Ensure broad consultation with community stakeholder groups on recreational issues and opportunities

Support and enhance communications with the residents of the Town of Espanola on matters relating to recreational opportunities

Reporting Relationship: The Rec Committee is to serve as an advisory body to Council. The Rec

Committee does not have any delegated authority. Recommendations requiring implementation, expenditures, reports or staff action must be first considered by staff and/or Council.

Committee Composition:

The Committee shall be comprised of 7-10 voting members who must reside in the Town of Espanola or be the owner or tenant of land. To the greatest extent possible, public representation will be multi-sectored and include representation

from the following stakeholder groups; Youth (13-18 yrs)

Health Promotion (i.e. FHT, Health Unit, Mental Health) Minor Sports (i.e. hockey, soccer, minor ball, skating) Special Events (Car show, Fibre Arts Festival)

Culture (Theatre, Choir, Music) Seniors (55+)

First Nations Not for profit Recreational Service (Golf Club, Ski Club, Curling) Private sector (i.e. personal trainers, class instructors, bowling alley)

Library volunteer (board member or Friends of the Library)

Appointments, by Council resolution, shall be annual for a period of up to three years. Appointments can be revoked at any time at the discretion of Council by

resolution of the Committee to Council. The Rec Committee shall also include one member of Council who shall have full voting privileges. A staff representative of Leisure Services will attend the meetings as a resource.

Other staff and delegates may be invited to provide input at times, however, they are not to be counted towards quorum and do not have voting privileges.

Special Purpose Body Advisory Committee:

ESPANOLA RECREATION & CULTURAL ADVISORY COMMITTEE

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Chairperson/Vice Chair & Secretary:

A Chairperson, Vice Chair & Secretary shall be elected by majority vote on an annual basis. Members of Council and Staff are not allowed to serve as Chair

or Vice Chair. The Chairperson is responsible for leading the discussion at each meeting pursuant to the meeting agenda and the committee’s mandate. If a Chair or Vice-Chair is not present, members are to select an acting chair to

serve in the same capacity for the duration of that meeting.

Subcommittees: Subcommittees may be formed to complete specific tasks related to the committee’s mandate but must report through the committee.

Decision Making & Voting:

Any recommendation to Council must be voted on. A resolution is deemed to be carried if the majority of members present vote in the affirmative. Recorded votes shall not be permitted.

Quorum:

Quorum is considered 50% of committee members plus one. A meeting may proceed without quorum; however substantive recommendations are not to be

ratified until supported by the majority of members.

Meeting Structure & Format:

Rec Committee meetings to be held monthly (same day & time to be determined) and scheduled at the Rec Complex. Agendas for each meeting will

be distributed to members in advance along with the minutes of the previous meeting. The staff representative will include any recommendations from the Rec Committee in their monthly staff report to Council.

Accountability:

Committee members are expected to attend meetings regularly. If a member is absent for three consecutive regularly scheduled meetings, unless the absence is due to illness or a similar accepted reasoning, the member is

deemed to be removed from the committee and Council may proceed to replace that member. If a Committee member finds it necessary to resign from the

Committee, a letter to that effect should be sent to the Chair of the Committee and copied to the secretary.

Conflict of Interest: Members will declare any conflict of interest and state the general nature of

their conflict at the beginning of the meeting. A declaration of conflict will be recorded in the minutes. The member will be required to leave the meeting space for the item in discussion.

Public Relations:

Members must not compromise the integrity of the Town’s service to the public. Members must not use the Committee as a platform to undertake and/or lobby for a special interest. Members do not have the authority to speak on behalf of

the Town and committee to the media.

Amendments: Amendments to the terms of reference can only be made by Council.

Staff Resources:

Leisure Services Staff Other Staff as required

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TERMS OF REFERENCE

PURPOSE:

The Library Board is to provide a comprehensive, user oriented library service, which meets the needs of the community.

FUNCTIONS:

1. To promote public awareness of the services available and to foster the maximum

use of the library’s resources, by means of the library’s activities and programs.

2. To provide easy access to the entire range of resources.

3. To provide economic and efficient service.

4. Prepare financial forecast and budget.

STAFF RESOURCES:

Chief Librarian

Other staff as required

Special Purpose Board

LIBRARY BOARD

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Schedule G – Corporate Communications Policy Department: Council Policy Number: C12-01279

Subject: Corporate Communications Policy Effective Date: 02/28/06

Bylaw No: 1885/06 Revision Date: 12/05/15

Version #: 2

Purpose:

To govern the municipal corporation’s approach to all its communication functions,

including communication with staff, residents, taxpayers, partners, business owners, visitors and others.

Policy:

Objectives Support and help achieve the community vision, priorities and direction.

1. To build positive awareness of the corporation.

2. To foster the Town’s public understanding of and involvement in their local government.

Guiding Principles

1. The Town of Espanola will maintain open, two-way communication with its stakeholders.

2. All information disseminated will be timely and consistent in content.

3. All information disseminated will be factual, accurate, and complete to the best ability of the corporation, within the mandate of the Local Government

Act and other legal requirements. 4. Wherever possible, municipal staff and Council will be informed of matters

affecting them and the community prior to dissemination to the public.

Best practices

1. The Corporation will be proactive in planning and executing communication

programs.

2. Communication with stakeholders will be an integral component in corporate decision-making.

3. Communication programs and practices will be coordinated across departments to enhance efficiency and effectiveness and ensure consistency in content and delivery.

4. The corporation will cooperate with its corporate and public partners to ensure accurate, consistent and coordinated messaging throughout the

community and in the market place. 5. The corporation will seek opportunities to directly inform and involve the

public in policy development and decision-making, based on the principle of open, two-way communication. (municipal notice provision bylaw)

6. The corporation will seek to continually improve accessibility to information

for the public and its staff, with proven technology. 7. Negative or inaccurate information from third parties will be challenged and

corrected to ensure fair representation of the corporation, Council members, staff and the community.

8. The corporation’s commitment to excellence in communication practices is

reflected in the establishment of a corporate communications office within the Clerk’s department responsible for managing corporate wide internal and

external communication activities and programs and guiding departments in communication functions.

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Corporate Identity

1. Clear and consistent corporate identity is required to assist the public in recognizing and accessing programs and initiatives of the municipality.

2. To maintain a recognizable and unified corporate identity throughout the municipality, all communications pieces shall be consistent with the corporate

visual identity communications manual.

Internal Communication

1. Communication among managers and employees must be open and

collaborative to achieve goals and to ensure that quality information is being provided to the public.

2. Internal communication must be a two-way dialogue. Listening to employee ideas, concerns and suggestions for achieving results and improving service,

and acting upon them, is just as important as keeping employees informed about the goals and priorities of the municipality, or about developments,

changes or new initiatives affecting their work.

3. Managers and supervisors must communicate with employees openly, frequently, and before or at the same time as information is communicated to the public.

4. Following a regular council meeting an action planner that will provide the

decision, lead person or department and status of a council item will be developed and circulated to all departments.

5. At a minimum on a quarterly basis a project reporter identifying the current status, financial overview, lead department and update on significant

municipal projects will be presented to Council and departments. Departments are encouraged to make this available to all staff.

Communication needs and marketing

1. Gathering and providing information to the public for the development of programs, services, initiatives, projects and policies requires resources and effective and accountable management. The manner in which information is

exchanged is important.

2. Newsletters and Programs Marketing assists in promoting municipal programs, services, initiatives and projects. Commonly used marketing format; Municipal newsletter, Library

newsletter, Special events programming (schedule of activities for Carnival, July 1st, Santa Claus parade and social media, (website, Facebook, twitter)).

This may be used in conjunction with advertising.

3. Flyers

To ensure communication with the residents and businesses in the Town of Espanola a preferred method of communication may be the circulation of

flyers. Flyers are commonly used for; water flushing program, amnesty week. This method of communication shall be at the discretion of the Clerk’s office and can be used in conjunction with advertising.

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4. News releases The Town of Espanola shall make an attempt to issue news releases

immediately following Council’s decisions with respect to programs, services, initiatives and projects and, also for announcements. This method of

communication and matters to be released shall be at the discretion of the Clerk’s office. All news releases shall be coordinated through the Clerk’s office.

Advertising

1. Where any Act prescribes for the giving of notices, this notice shall be given by publication in a newspaper. Bylaw #2068/08 being a bylaw to prescribe

the form and manner and times for the provision of notice shall be adhered to.

2. All forms of advertising shall have a purpose and be meaningful.

3. Municipal Departments may take out advertisement concerning policies, programs, services or initiatives.

Media Relations

1. The media plays an important role in providing the public with news and information about municipal matters and reporting the public’s views and

opinions.

2. Municipal representatives must be proactive in relations with the media and inform the media on issues of importance on municipal programs, services and initiatives.

Spokesperson – Elected officials

1. The Mayor and in his absence the Deputy Mayor are the primary spokespersons for the Municipality. They are supported in their role by the

CAO/Treasurer and by senior management.

Council presents municipal policies, priorities, initiatives and decisions to the public.

Spokesperson - Employees

1. The CAO/Treasurer and senior management with the tacit approval of Mayor and Council can speak in an official capacity on issues they have responsibility and expertise.

2. At all times spokespersons must respect privacy rights, matters before the

courts, and confine their comments to matters of fact concerning policies, priorities, initiatives and decisions.

Roles of elected officials and employees

1. The role of the elected official and employees of the Town is to ensure that all complaints, suggestions, and recommendations are received, identified, recorded and considered in an efficient, effective and timely manner.

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2. An elected official upon receipt of a complaint, concern or recommendation should;

a) provide a qualified explanation to the citizen; or b) refer the citizen to the appropriate Department Manager or

CAO/Treasurer or; c) contact the appropriate Department Manager or CAO/Treasurer to

advise of the concern.

3. Staff, upon receipt of a complaint, concern or suggestion from an elected

official or citizen, will provide an appropriate response as soon as possible. It is recognized that; a) some complaints, concerns or suggestions may require research,

viewing or investigation to confirm compliance with Council’s decision. b) staff is not authorized to perform a task or otherwise provide a product

or service that is not in keeping with the role and responsibilities of the Department without prior approval of Council.

4. A Department Manager who has received a complaint or suggestion from an elected official shall respond to the complaint or suggestion in writing with a

copy to the CAO/Treasurer.

5. A Department Manager who has received a verbal complaint or suggestion from a citizen may respond verbally, and in the absence of a specific request, may at his or her discretion provide a written response to the citizens with a

copy to the CAO/Treasurer.

6. A Department Manager upon receipt of a complaint or suggestion from another staff member will respond as in item 5 above and in addition may consider the merit of the suggestion in relation to the Town’s desire to

acknowledge and record appropriate suggestions from its staff.

7. The Department Manager will be responsible to: a) maintain an appropriate log of all complaints and suggestions and

recommendations and

b) ensure that appropriate elected officials through the CAO/Treasurer are advised and informed of the receipt and disposition of all relevant

complaints and concerns and suggestions.

Engaging the public

Engaging the public helps Council to understand and identify citizen’s needs and

expectations. It is used to assess the public’s response to proposals and initiatives.

1. Public information meetings to engage the citizens shall be encouraged. At

the discretion of Council and the Clerk’s office public information meetings shall be held to gage the public’s interest and concerns respecting programs,

services, policies, initiatives and establishing priorities or possible changes.

2. Any opinion poll research that will be conducted shall be contracted out to

qualify and evaluate the views.

Initiatives

1. To encourage information sharing with, and input from the public.

2. To improve public access to information. 3. To develop a basis to streamline information access.

4. To enhance information sharing with the public through the media on a regular basis.

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5. Communication programs:

a To develop and circulate a citizen’s municipal newsletter on a quarterly basis.

b. To host a town hall meeting on a yearly basis. c. To establish and maintain a “municipal news ambassador program”. d. To conduct a public opinion poll survey at a minimum every three

years. e. To encourage posting on the web page ensuring it is consistent with

the web page policy. f. To develop and circulate news releases to staff and media in a timely

matter.

g. To host public consultation meetings h. To develop and circulate an action planner to municipal departments

following regular council meetings i. To develop and circulate at a minimum on a quarterly basis a project

reporter to Council and Departments.

j. To maintain the municipal website with current information, photos and videos

k. To incorporate social media applications in accordance with its policies.

Evaluation

The Corporate Communication policy must be periodically reviewed, evaluated and

updated.

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Schedule H - Electronic Participation 1. Members may participate in meetings by Electronic Means subject to the

following:

a. Participating in a meeting via Electronic Means are available only for

meetings of Council that take place in Council Chambers, Municipal Building, 100 Tudhope Street, Espanola.

b. The Electronic Means is limited to the capabilities of the Municipality.

c. Requests to participate in a meeting by Electronic Means must be made to the Clerk at least three (3) business days before the meeting.

d. A maximum of two (2) Members may participate in the same meeting by Electronic Means. Where more than two (2) Member request to participate in the same meeting by Electronic Means, the requests will be granted to

the first two Members who make the request. e. A Member may participate in a maximum of two (2) open meetings per

calendar year by Electronic Means. f. A Member participating in a meeting via Electronic Means shall be

considered to be present at such meeting but shall not be counted towards

quorum. g. The Chair must be present in person at a meeting.

h. Participating in a meeting via Electronic Means is not available when the meeting is closed to the public.

2. The following practices will be followed when a Member (s) participate in a meeting by Electronic Means:

a. Each member participating in a meeting by Electronic Means shall be

available at least fifteen (15) minutes before the beginning of the meeting

to assist staff in establishing the telephone connection. b. Each Member participating by Electronic Means will mute his or her

electronic device when he or she is not speaking. c. Members participating by Electronic Means shall submit their intention to

speak to a matter when they are requesting to participate in the meeting electronically.

d. After putting a motion to a vote, each Member participating by Electronic

Means will be required to identify how he or she wishes to vote. e. Each Member participating by Electronic Means shall inform the Chair

about his or her intentions to leave the meeting. f. A Member(s) participating by Electronic Means will be deemed to have left

the meeting when they are no longer electronically connected to the

meeting. g. In the case of a loss of connection, or any connection issue which impedes

the ability of a Member(s) to participate in the meeting in real time, the meeting will continue without attempts by either staff or the Member(s) to reconnect.

h. Information related to additions to the agenda or materials that were not included in the agenda package will be forwarded by email to all Members

provided time permits. It is the member’s responsibility to monitor email for this type of occurrence.

i. Members attending electronically may not be able to see all Members,

presentations by delegations, etc. and the Municipality is not responsible for trying to accommodate this.

j. Members are responsible for providing their own method of transmission to the Municipality.

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Department: General Administration Form Number: A99-01371

Subject: Departmental Report Effective Date: 06/05/17

Policy No: Revision Date: 08/04/27

Bylaw No: Version #: 2

DEPARTMENTAL REPORT

DEPARTMENT: Leisure Services MONTH: July, 2020

Outdoor facility status:

Opened Playgrounds under Stage 3 – Use at own risk notices posted at all playgrounds.

Clear Lake Beach remains closed without sufficient resources to open

under Public Health guidelines. Tennis & Pickle Ball Courts open.

Outdoor fields remain closed to league bookings

Building Continuing weekly flushing of all water lines in the building

Elevator Inspection and preventative maintenance Compressor recertification

Roof inspection Preparations to meet Public Health guild lines for reopening to

include. Replace failed pressure relief valve on boiler and pump for domestic

hot water for building

Pool

Pool was brought back on line & Passed Public Health Inspection for reopening.

Implemented the following changes as per Public Health Guild lines:

Water turned off to Showers & Lockers closed to public Wade pool sectioned in two to accommodate two social bubbles

Whirl pool & sauna remain closed. Lanes are sectioned to accommodate social bubbles and belongings

on the floor.

Arena no change in status

ongoing communication with ice users & review of info from their umbrella organizations to determine a possible re-opening

Events All events remain suspended until the Province announces expanded

Page 60 of 165

crowd allowance.

Approached by Lions Club to help facilitate and promote a welcoming of the Canoe4Covid Team to Espanola.

Programs

tennis/pickle ball courts have consistent use three Yoga instructors and a Zumba instructor accepted the Town’s

offer to begin outdoor classes using Municipal space to resume their classes and ensure physical distancing.

received several calls from public regarding reopening of gym, showers, lockers, ice, membership extensions and private swim

lessons.

reviewed promotion of Espanola trail on Waterfront Trail Map site for changes.

purchased advertising & provided copy for Moose FM, Island Radio & Around About to advertise Re-opening. Information also went into

Monitor under the year contract. Promoted re-opening on Facebook, Twitter and Instagram & LED at

Complex

Planning for reopening under Social Distancing Restrictions Ongoing communication with our Recreation networks (NEORA and

Parks & Recreation Ontario) for information, training through

webinars and podcasts and best practices to assist with planning for

reopening under social distancing restrictions

Attended Rinks:Covid-19 Tool Box webinar & Realities of Reopening

Costs webinar through ORFA

Formalized customer service process and safety protocols for staff re-

training and customer orientation.

Customer service working through memberships lists to provide

courtesy calls to members to advise of re-opening and new safety

protocols. On average, each call is taking 10 minutes so the re-call

process is proving slower than anticipated. This will be an ongoing

process.

Employee Status:

Facility and front desk supervisors returned to work the last week of July.

One PT requested casual hours 2 PT working full-time elsewhere.

Two FT Facility staff, Aquatic Coordinator and Booking Clerk returned to work July 20th

Complaints / Compliments: Received 5 phone complaints that the public could not get through the

Town office

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Visitors: April 2020

April 2019

DROP INS

DROP INS

Aquafit

Aquafit

Fitness Centre

Fitness Centre Line Dancing

Line Dancing

Skates

Skates

Swims

Swims

TOTAL

TOTAL N/A

Memberships - RESIDENT

Memberships - RESIDENT

Aquafit

Aquafit Youth Aquafit

Youth Aquafit

Bronze Pool

Bronze Pool

Fitness

Fitness

Squash

Squash

Silver

Silver N/A

Gold

Gold

Pool Pass

Pool Pass

Private Swim Lessons

Private Swim Lessons

TOTAL

TOTAL N/A

Memberships - NON RESIDENT

Memberships - NON RESIDENT

Aquafit

Aquafit

Youth Aquafit

Youth Aquafit

Bronze Pool

Bronze Pool

Fitness

Fitness

Squash

Squash

Silver

Silver

Gold

Gold

Pool Pass

Pool Pass

Private Swim Lessons

Private Swim Lessons

TOTAL

TOTAL N?A

Mthly Pool Attendance

Mthly Pool Attendance

Mthly Skate Attendance

Mthly Skate Attendance

Memberships Purchased

Bronze

Bronze

Silver

Silver

Page 62 of 165

Gold

Gold

Lions Free Swims

Lions Free Swims Shelley Newton Swims

Shelley Newton Swim

Department Manager: Joel Yusko Submitted on: Aug 4th, 2020

Page 63 of 165

Department: Economic Development Form Number: A99-01371

Subject: Departmental Report Effective Date: 112/12/18

Policy No: Revision Date:

Bylaw No: Version #: 1

DEPARTMENTAL REPORT

DEPARTMENT: Economic Development MONTH: June 2020

Funding Opportunities Provided review and support to community organization regarding

funding application for Emergency Funding through United Way Attended zoom meeting with FedNor and Northern Development &

Mines Shared SNAPP Funding Program information with 1 business in

Agriculture sector Follow-up call with Ministry of Heritage, Sport, Tourism & Culture

Industries for status report on funding applications for Arena and Playgrounds – no new information to date

Ongoing review of information, training opportunities, programs and

funding from Federal and Provincial funding partners Ongoing check-ins with Regional Ec Dev delivery partners ie.

Workforce Planning, Northern Policy Institute, Northern Tourism, OMAFRA

Economic Development Corporation

Council met with solicitor Received three inquiries regarding next steps & formation of the

Corporation

Community Improvement Plan

1 inquiry for parking lot enhancement 1 inquiry for tax increment

Business Development

Phone meeting with Digital Mainstreet to discuss opportunities for local businesses to develop online marketing and online ordering capacity.

Referred 5 businesses for online marketing support. Directed one business to Tourism support webinar

Shared results of monthly Workforce Planning Business Impact Survey through Facebook and through direct outreach to businesses

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Ongoing correspondence with a US developer seeking a private/public

partnership to develop a “Sustainable Balanced Living” secured seniors development the challenge remains a lack of serviced land

Responded to an inquiry from a couple in Elliot Lake & one from Windsor seeking a retirement location which is affordable and close to

Health Care

Signage Began process to change out the outdated South entrance billboard.

The company has ordered the supplies for August completion. Change out of the Queensway Directional Signage is ready to go

awaiting start from supplier.

Contacting businesses to confirm participation in Directional Signage Program – brought two businesses on board that previously were not

part of the program

Community Development

Restocked & distributed a dozen Espanola Welcome Bags Shared post by Espanola Helping Hand Food Bank. Organization is in

need of new volunteers with strong arms and backs to help carry grocery loads down and up the stairs. Organization explored the option

of installing a conveyor belt but this option would not comply with building code.

Shared posts to promote The Espanola Lions Club sponsored day at the new Par 3 Lacrosse/Frisbee/Soccer/Golf course at Boogie Mountain Ski

Hill

Responded to development inquiry on seniors housing Responded to two inquiries regarding the re-establishment of a

Farmers Market

Other

Worked on web content pages for: Events/Library/Hospital/Seniors/Hydro/Business Registry Intro

Attended zoom meeting with Regional Economic Development Officers for regional updates and sharing of best practices to support business

during pandemic restraints. Delegates agreed to meet monthly. Participated in Adapt 2020 webinar with Tourism Excellence North

Phone meeting with new Eastern Tourism Officer Cancelled subscription with Townfolio demographic/profile information

for website

Ongoing daily content for social media posts and review of post inquiries, comments and site traffic

Participated in podcast and a webinar on community economic recovery through Municipal World and EDAC

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Reviewed process for business registry information as take-over of

responsibility Responded to inquiry about Tiny Homes

Advised two new businesses of Business Registry & process

Department Manager: Cynthia Townsend Submitted on: Aug 4, 2020

Page 66 of 165

1

THE PUBLIC MEETING OF COUNCIL

OF THE TOWN OF ESPANOLA

March 10, 2020

7:00 pm

Council Chambers, 100 Tudhope Street

Her Worship Mayor Beer presided over the meeting.

Present:

Present: Councillors R. Dufour, K. Duplessis, B. Foster, S. Hayden, M. Van Alstine

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, J. Yusko,

Manager of Public Works, T. Denault-Roque, Recording

Secretary

Absent: H. Malott – ill

A. DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

None

B. PUBLIC HEARINGS

None

C. DELEGATIONS

None

D. QUESTION PERIOD

None

E. PART 1 - CONSENT AGENDA

Moved By K. Duplessis

Seconded By B. Foster CA-20-05 Be It Resolved That: Items F.1 to K.3, excluding I.1 and I.3,

contained in Part 1, Consent Agenda be adopted. Carried

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2

F. ADOPTION OF MINUTES

20-040

Moved By B. Foster Seconded By K. Duplessis Be It Resolved That: The following Minutes are hereby accepted; Special

Budget Meeting of Council of February 25, 2020; Regular Meeting of Council of February 25, 2020; Special Meeting of Council of February 25, 2020.

Carried

G. BOARD AND COMMITTEE REPORTS

None

H. MATTERS ARISING FROM THE "IN CAMERA SESSION"

None

I. BUSINESS ARISING FROM BOARD AND COMMITTEES

I.1 Recommendation regarding Employee Code of Conduct

Item severed. See Regular Agenda.

I.2 Recommendation regarding Heritage Building

20-042

Moved By B. Foster Seconded By R. Dufour

Be It Resolved That: As Recommended by the Corporate Services Committee That: The request to have the old A.B. Ellis Public School building placed on the Town of Espanola's Municipal Register of

Heritage Properties be denied. Carried

I.3 Recommendation regarding Cemetery Fees Review

Item Severed. See Regular Agenda.

J. BYLAWS AND RESOLUTIONS

J.1 Confirmatory Bylaw

20-044 Moved By S. Hayden Seconded By B. Foster

Be It Resolved That: Bylaw No. 2961/20 be adopted, being a Bylaw of the Town of Espanola to confirm the proceedings of Council at its

Meeting of February 25, 2020. Carried

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3

K. REPORTS

20-045

Moved By B. Foster Seconded By S. Hayden Be It Resolved That: The following reports are hereby received; Public

Health Sudbury and District Meeting Minutes of February 19, 2020; Treasurer's Statement of Remuneration - 2019; Q4 Budget Variance Report.

Carried

PART 2 - REGULAR AGENDA

L. BYLAWS AND RESOLUTIONS

I.1 Recommendation regarding Employee Code of Conduct

20-041

Moved By B. Foster Seconded By K. Duplessis

Be It Resolved That: As Recommended by the Corporate Services Committee That: Policy H00-01842 Employee Code of Conduct be adopted as

amended; Policy H13-01391 Confidentiality be rescinded;

Policy H14-01393 Conflict of Interest be rescinded; Policy A07-01386 Protection and Use of Corporate Property be

rescinded.

Recorded For Against Abstain J. Beer X R. Dufour X K. Duplessis X B. Foster X S. Hayden X M. Van Alstine X Results 4 2 0

Carried (4 to 2)

I.3 Recommendation regarding Cemetery Fees Review

Moved By B. Foster Seconded By S. Hayden

Be It Resolved That: As Recommended by the Corporate Services Committee That: Schedule "E" of the fees bylaw, being Cemetery Fees be adopted as presented.

Defeated

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4

L.1 CAO Performance Evaluation Guide

A discussion ensued.

20-046

Moved By B. Foster Seconded By S. Hayden Be It Resolved That: Allocate up to $10,000 for an outside firm to

assist with the CAO Performance Evaluation Tool. Town to utilize services of Gallagher Benefit Services.

Carried

L.2 Recommendation regarding FONOM Conference

Councillor Van Alstine withdrew her request. The motion was withdrawn.

20-047

Moved By R. Dufour Seconded By K. Duplessis Be It Resolved That: Councillor Van Alstine be granted permission to

attend the 2020 FONOM conference in addition to the 2020 AMO Conference.

L.3 Recommendation regarding Capital Project, Biosolids

A discussion ensued. This item was deferred to a special meeting for

additional information on March 17, 2020 following the Community Services Committee Meeting.

20-048

Moved By B. Foster Seconded By K. Duplessis Be It Resolved That: Council proceed to tender for the modification

of the Waste Water Treatment Plant to included Aerobic Digestion, Geotube dewatering.

Deferred

L.4 Recommendation regarding FCM Bio-solids

A discussion ensued regarding timelines to enter into this agreement.

20-049 Moved By R. Dufour

Seconded By B. Foster Be It Resolved That: The Town of Espanola enter into an agreement

with FCM Green Municipal Fund for a grant of $166,500 and a loan for up to $1,110,000.

Carried

M. CORRESPONDENCE FOR INFORMATION ONLY

None

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5

N. INFORMATION

This information was previously circulated to Council. If required a

copy of the information is available at the Municipal Office.

correspondence re: Emergency Management and Civil Protection Act compliance

correspondence re: Community Drug Strategy County of Haliburton resolution re: Tourism Oriented Destination Signage

Fee Increases

correspondence re: Municipal Modernization Program Funding MSDSB correspondence re: Integrated Emergency Dispatch Service; Child

Care Funding Formulas; Canada-Ontario Housing Benefit

O. CONFERENCE AND CONVENTIONS

AMO Conference – August 16th – 19th, 2020; Ottawa ON FONOM Conference – May 13 – 15, 2020; Timmins, ON

P. MAYOR AND COUNCILLOR REPORTS AND ANNOUNCEMENTS

Splash Pad Committee Councillor Hayden advised that during the Cultural

Advisory Committee a member was appointed to the Splash Pad Committee. The first Splash Pad Committee Meeting is to take place in April.

Huron Central Railway Councillor Foster advised that the railway is

delaying the shutdown of the railway as it appears they may be getting support.

Q. FUTURE COUNCIL/COMMITTEE MEETINGS

Special Budget Meeting of March 11, 2020 @ 4:00 pm

Community Services Committee Meeting of March 17, 2020 @ 4:00 pm Regular Meeting of Council of March 24, 2020 @ 7:00 pm

R. ADJOURNMENT

Moved By R. Dufour

Seconded By M. Van Alstine Be It Resolved That: The Regular Meeting of Council is hereby adjourned. Time: 7:58 pm.

Carried

Jill Beer Mayor

Paula Roque Clerk √

Page 71 of 165

1

SPECIAL MEETING OF COUNCIL

March 11, 2020

4:00 pm

Council Chambers, 100 Tudhope Street

Deputy Mayor Bill Foster presided over the meeting.

Present: Mayor J. Beer, Councillors R. Dufour, K. Duplessis, B. Foster,

S. Hayden

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, C. Tessier,

Manager of Financial Services, C. Kennelly, Economic

Development Officer, C. Desjardins, Manager of POA, D.

Parker, Assistant Manager of Public Works, J. Yusko, Manager

of Public Works/Leisure Services, M. Pichor, Fire Chief, D.

Rivet, CBO, T. Denault-Roque, Recording Secretary

Absent: Councillor Mallot – ill

Councillor Van Alstine – work commitment

B. Administration

B.1 2020-2022 Municipal Budget 2nd Draft

A discussion ensued. Staff was directed to: reduce legal fees to $5000, a decrease of $5000

reduce cultural activities by $7500 to reflect the cancellation of the Pumpkin Festival.

reduce Economic and Development Advertising and Promotions to $5,000, a decrease of $13,000

defer the transfer from reserves of $50,000 for new fire vehicle and

commit to at least $150,000 in 2022.

A discussion ensued regarding the Library Board budget and the use of reserves.

1. Moved By J. Beer Seconded By S. Hayden

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2

Be It Resolved That: To limit the net levy from the library to 2.5% for 2020 budget.

Carried

The direction given changed the draft Budget to show a 2.29% net levy.

C. Public Works Department

C.1 Equipment Replacement Forecast

For information

C.2 Recommendation regarding Pick Up Truck Replacement

2. Moved By J. Beer

Seconded By S. Hayden Be It Resolved That: Council allocate funds in the 2020 Municipal

Budget to replace the Public Works Department's 2008 Ford - F150 pick-up truck.

Carried

C.3 Recommendation regarding Boom Flail Mower

3. Moved By S. Hayden

Seconded By R. Dufour

Be It Resolved That: Council allocate funds in the 2020 Municipal

Budget to replace the Public Works Department's 1964 Ford tractor equipped with sickle-bar mower with a boom flail mower attachment for our Trackless machines.

Carried

Councillor Foster advised that a Special Meeting of Council to discuss the Geotubes project will be held following the Community Services Meeting. He further directed council members to submit their

questions that they have regarding this topic to staff prior to Monday at 12:00 pm.

D. Adjournment

Moved By S. Hayden Seconded By R. Dufour

Be It Resolved That: The Special Meeting of Council is hereby adjourned. Time: 5:15 p.m.

Carried

Bill Foster Chair

Paula Roque Clerk √

Page 73 of 165

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SPECIAL MEETING OF COUNCIL

March 17, 2020

5:00 pm

Council Chambers, 100 Tudhope Street

Her Worship Mayor Beer presided over the meeting.

Present: Councillors R. Dufour, K. Duplessis, B. Foster, S. Hayden, H.

Malott

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, J. Yusko,

Manager of Public Works, T. Denault-Roque, Recording

Secretary

Presenter: Indra Maharjan, PEng, CEM, CMVP OCWA via Skype

Keith Stringer, Operations Manager, OCWA via conference

phone

Absent: Councillor M. Van Alstine – work commitment

A. Disclosure of Pecuniary Interest

None

B. Biosolids

A discussion ensued.

Mr. Maharjan provided Council with a brief summary of the cost components

and projected savings with the Geotube project and he addressed questions

provided by Councillor Foster.

1. Moved By B. Foster

Seconded By H. Malott Be It Resolved That: Council proceed to tender for the modification of the

Waste Water Treatment Plant to include Aerobic Digestion, Geotube dewatering.

Carried

Page 74 of 165

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C. COVID - 19 Update

2. Moved By H. Malott

Seconded By B. Foster Be It Resolved That: All Council and Board & Committee Meetings are cancelled until further notice.

Carried

D. Adjournment

Moved By B. Foster Seconded By H. Malott

Be it Resolved That: The Special Meeting of Council is hereby adjourned. Time: 5:33 pm

Carried

Jill Beer Mayor

Paula Roque Clerk √

Page 75 of 165

1

SPECIAL MEETING OF COUNCIL

March 25, 2020

2:00 pm

Council Chambers, 100 Tudhope Street

Her Worship Mayor Beer presided over the meeting

Present: Mayor J. Beer, Councillors R. Dufour, K. Duplessis, B. Foster,

S. Hayden, H. Malott, M. Van Alstine

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, C. Tessier,

Manager of Financial Services, T. Denault-Roque, Recording

Secretary

A. Disclosure of Pecuniary Interest

None

B. Amendment to Procedural Bylaw

1. Moved By M. Van Alstine Seconded By B. Foster

Be It Resolved That: Bylaw 2963/20 be adopted, being a Bylaw to amend the Procedure Bylaw to reflect Bill 187, Municipalities Emergencies Act , 2020

to provide that during emergencies, members of councils who participate electronically in open and closed meetings may be counted for purposes of quorum.

Carried

C. In Camera

2. Moved By H. Malott Seconded By R. Dufour Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No.

2062/08, Council goes into an "in camera" session for the purpose stated in Section 239.2 of the Municipal Act:

personal matters about an identifiable individual, including municipal of local board employees.

Time: 2:13pm

Carried

Page 76 of 165

2

Resume Meeting

3. Moved By R. Dufour Seconded By M. Van Alstine

Be It Resolved That: The Special Meeting of Council hereby resumes. Time: 2:54 pm

Carried

4. Moved By S. Hayden

Seconded By R. Dufour Be It Resolved That: The Town office remain closed in response to the Province's State of Emergency and only staff performing work on essential

business reports to work on an as needed basis. FURTHER That policy H01-0136 Vacation Policy remain in effect.

Carried

D. Adjournment

Moved By M. Van Alstine Seconded By H. Malott Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 2:56 pm Carried

Jill Beer

Mayor Paula Roque

Clerk √

Page 77 of 165

1

SPECIAL MEETING OF COUNCIL

March 31, 2020

3:00 pm

Council Chambers, 100 Tudhope Street

Her Worship Mayor Beer presided over the meeting

Present: Mayor J. Beer, Councillors R. Dufour, K. Duplessis, B. Foster,

S. Hayden, H. Malott, M. Van Alstine (Councillor Van Alstine

called in at 3:27 pm)

Staff: P. Roque, Clerk C. Townsend, CAO/Treasurer, T. Denault-

Roque, Recording Secretary

A. Disclosure of Pecuniary Interest

None

B. In Camera

1. Moved By S. Hayden Seconded By R. Dufour

Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No. 2062/08, Council goes into an “in camera” session for the purpose stated in

Section 239.2 of the Municipal Act. personal matters about an identifiable individual, including municipal or

local board employees;

Time: 3:01pm Carried

Resume Meeting

2. Moved By M. Van Alstine Seconded By K. Duplessis

Be It Resolved That: The Special Meeting of Council hereby resumes. Time: 3:37 pm

Carried

Page 78 of 165

2

Moved By S. Hayden Seconded By B. Foster

Be It Resolved That: Municipal offices will remain closed in response to the Province's state of emergency. Only staff performing work on essential

business report to work on an as needed basis. This resolution will also apply to all local board employees. Further that policy H01-01361 Vacation Policy remain in effect.

Carried

Mayor Beer provided an update to the Emergency Management Meetings

Adjournment

Moved By R. Dufour Seconded By H. Malott Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 3:47 pm Carried

Jill Beer

Mayor Paula Roque

Clerk √

Page 79 of 165

1

SPECIAL MEETING OF COUNCIL

April 7, 2020

3:00 pm

Council Chambers, 100 Tudhope Street

Her worship Mayor Beer presided over the meeting

Present: J. Beer, R. Dufour, K. Duplessis, B. Foster, S. Hayden, H.

Malott, M. Van Alstine

Staff: P. Roque, C. Townsend, T. Denault-Roque

A. Disclosure of Pecuniary Interest

None

B. COVID 19 Update

A discussion ensued regarding the Hwy 6 project. Direction was given to

possibly delay this construction.

Mayor Beer provided a summary of the Emergency Management

teleconferences.

C. In Camera

1. Moved By H. Malott

Seconded By R. Dufour

Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No.

2062/08, Council goes into an “in camera” session for the purpose stated in Section 239.2 of the Municipal Act. personal matters about an identifiable individual, including municipal or

local board employees; Time: 3:30 pm

Carried

Page 80 of 165

2

2. Moved By B. Foster

Seconded By S. Hayden

Be It Resolved That: The schedule of 25 hours/5 hours a day is accepted as

presented.

Carried

3. Moved By: B. Foster

Seconded By: S. Hayden

Be It Resolved That: Staff working on a 5-hour shift schedule will continue

to receive their regular pay.

Carried

Resume Meeting

4. Moved By M. Van Alstine

Seconded By K. Duplessis

Be It Resolved That: The Special Meeting of Council hereby resumes Carried

Customer Service Center Hotline

5. Moved By B. Foster Seconded By S. Hayden Be It Resolved That: The municipality operate a Customer Service center

hotline to answer questions residents have about local issues and to find connections to local services.

Carried

D. Adjournment

Moved By K. Duplessis Seconded By R. Dufour

Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 4:32pm Carried

Jill Beer

Mayor Paula Roque

Clerk √

Page 81 of 165

1

SPECIAL MEETING OF COUNCIL

April 14, 2020

3:00 pm

Council Chambers, 100 Tudhope Street

Her Worship Mayor Beer presided over the meeting

Present: J. Beer, R. Dufour, K. Duplessis, B. Foster, S. Hayden, H.

Malott, M. Van Alstine

Staff: P. Roque, C. Townsend, T. Denault-Roque

A. Disclosure of Pecuniary Interest

None

B. COVID 19 Update

Mayor Beer provided Council with a summary of the Emergency Management

teleconferences.

A discussion ensued regarding moving forward with Regular Meetings of

Council during the COVID 19 pandemic.

C. In Camera

1. Moved By R. Dufour

Seconded By H. Malott

Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No.

2062/08, Council goes into an “in camera” session for the purpose stated in

Section 239.2 of the Municipal Act.

personal matters about an identifiable individual, including municipal or

local board employees;

Time: 3:14 pm

Carried

Page 82 of 165

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D. Resume Meeting

2. Moved By K. Duplessis Seconded By M. Van Alstine

Be It Resolved That: The Special Meeting of Council hereby resumes.

Time: 4:12 pm Carried

Mayor Beer advised that Council went in camera to discuss the impact of

COVID 19 to the municipal workforce.

E. Adjournment

Moved By B. Foster

Seconded By H. Malott

Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 4:14 pm

Carried

Jill Beer Mayor

Paula Roque Clerk √

Page 83 of 165

1

SPECIAL MEETING OF COUNCIL

April 21, 2020

3:00 pm

Council Chambers, 100 Tudhope Street

Her Worship Mayor Beer presided over the meeting

Present: Councillors R. Dufour, K. Duplessis, B. Foster, S. Hayden, H.

Malott, M. Van Alstine

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, T. Denault-

Roque, Recording Secretary

A. Disclosure of Pecuniary Interest

None

B. COVID 19 Update

Mayor Beer provided a summary to the weekly Emergency Management

Teleconference Meetings.

C. Video Conferencing

1. Moved By B. Foster

Seconded By S. Hayden

Be It Resolved That: Staff proceed with purchasing technology, video

conferencing subscription and set up remote meeting capabilities with

eScribe Option 3 in order to facilitate Regular Meeting of Council via Video

Conferencing.

Carried

D. Highway 6 Update

A discussion ensued.

It was stated that the contractor could be onsite as early as 2-3 weeks.

Page 84 of 165

2

E. Summer Students 2. Moved By H. Malott

Seconded By K. Duplessis Be It Resolved That: Summer Student positions for public works department

be offered to employees laid off from local 4705 and then offered to non-union staff before being offered to new employees.

Carried

F. In Camera

3. Moved By M. Van Alstine Seconded By B. Foster Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No.

2062/08, Council goes into an “in camera” session for the purpose stated in Section 239.2 of the Municipal Act.

personal matters about an identifiable individual, including municipal or local board employees;

Time: 3:46pm

Carried

G. Resume Meeting 4. Moved By R. Dufour

Seconded By H. Malott Be It Resolved That: The Special Meeting of Council hereby resumes. Time: 4:08pm

Carried Mayor Beer advised that Council went in camera to discuss the status of

municipal employees. H. Adjournment

Moved By R. Dufour Seconded By B. Foster

Be It Resolved That: The Special Meeting of Council is hereby adjourned. Time: 4:11pm

Carried

Jill Beer

Mayor

Paula Roque

Clerk √

Page 85 of 165

1

SPECIAL MEETING OF COUNCIL

April 28, 2020

3:30 pm

Council Chambers, 100 Tudhope Street

Her Worship Mayor Beer presided over the meeting.

Present: Councillors R. Dufour, K. Duplessis, B. Foster, S. Hayden, H.

Malott, M. Van Alstine

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, T. Denault-Roque, Recording Secretary

A. Disclosure of Pecuniary Interest

None

B. COVID 19 Update

Mayor Beer provided an update to the weekly Emergency Management Teleconference Meetings.

C. Summary of calls to Municipal Hotline Program

For information only.

D. COVID 19/Interest and Penalty Relief

Moved By H. Malott Seconded By B. Foster

Be It Resolved That: Interest and penalties on outstanding taxes and water

and sewer billings be waived from April 1st through to September 1st, 2020 and amending bylaws be prepared to reflect this.

Carried

E. In Camera

Moved By K. Duplessis

Seconded By S. Hayden

Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No. 2062/08, Council goes into an “in camera” session for the purpose stated in

Section 239.2 of the Municipal Act.

Page 86 of 165

2

personal matters about an identifiable individual, including municipal or local board employees;

Time: 3:39 pm

Carried

F. Closed Session

G. Resume Meeting

Moved By M. Van Alstine Seconded By B. Foster

Be It Resolved That: The Special Meeting of Council hereby resumes.

Time: 3:51 pm

Carried

Mayor Beer stated that Council went in camera to discuss the Municipal

Workforce and the impact to employees because of COVID 19.

H. Adjournment

Moved By H. Malott Seconded By R. Dufour

Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 3:53 pm

Carried

Jill Beer Mayor

Paula Roque Clerk √

Page 87 of 165

1

SPECIAL MEETING OF COUNCIL

May 5, 2020

3:30 pm

Council Chambers, 100 Tudhope Street

Her worship Mayor Beer presided over the meeting.

Present: J. Beer, R. Dufour, K. Duplessis, B. Foster, S. Hayden, H.

Malott, M. Van Alstine (called in at 3:34 pm)

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, T. Denault-

Roque, Recording Secretary

A. Disclosure of Pecuniary Interest

None

B. COVID 19 Update

Mayor Beer provided an update to the weekly Emergency Management

Teleconference Meetings.

C. In Camera

1.Moved By R. Dufour Seconded By H. Malott

Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No.

2062/08, Council goes into an "in camera" session for the purpose stated in Section 239.2 of the Municipal Act.

personal matters about an identifiable individual, including municipal or

local board employees

Time: 3:40 pm Carried

D. Closed Session

E. Resume Special Meeting

2. Moved By M. Van Alstine

Seconded By B. Foster

Be It Resolved That: The Special Meeting of Council hereby resumes.

Time: 3:45 pm

Page 88 of 165

2

Carried Mayor Beer stated that Council went in camera to discuss the municipal

employee schedule.

F. Adjournment

Moved By S. Hayden Seconded By K. Duplessis

Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 3:50 pm Carried

Jill Beer Mayor

Paula Roque Clerk

Page 89 of 165

1

SPECIAL MEETING OF COUNCIL

May 12, 2020

3:30 pm

Council Chambers, 100 Tudhope Street

Deputy Mayor Bill Foster presided over the meeting

Present:

Present: Councillors R. Dufour, K. Duplessis, B. Foster, S. Hayden, H.

Malott, M. Van Alstine P. Roque, Clerk C. Townsend, CAO, T. Denault-Roque,

Recording Secretary Absent: Mayor J. Beer - ill

A. Disclosure of Pecuniary Interest

None

B. COVID 19 Update

Deputy Mayor Bill Foster provided an update to the weekly teleconference Emergency Management Meetings.

C. OPP Detachment Boards - For Discussion

A discussion ensued regarding the changes to the Police Services Board

regulations.

It was the consensus of Council to bring forth a proposed composition of the PSB to our area municipalities during the Lacloche Foothills Municipalities Association Meeting.

D. Non Profit Housing Board Appointment

1. Moved By M. Van Alstine

Seconded By K. Duplessis

Be It Resolved That: Councillor Malott be appointed to the Non Profit Housing Board effective immediately.

Carried

Page 90 of 165

2

E. Cheque Register Questions

A discussion ensued.

F. GFL Contract

A discussion ensued regarding the garbage and recycling contract. Ms.

Townsend advised that more information will be forthcoming.

I. Adjournment

Moved By R. Dufour

Seconded By H. Malott

Be it Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 4:10 pm

Carried

Bill Foster

Deputy Mayor Paula Roque

Clerk √

Page 91 of 165

1

SPECIAL MEETING OF COUNCIL

May 19, 2020

5:00 pm Council Chambers, 100 Tudhope Street

Her worship Mayor Beer presided over the meeting.

Present: Mayor J. Beer, Councillor R. Dufour, K. Duplessis (arrived at 5:09 pm) B. Foster, S. Hayden, H. Malott, M. Van Alstine

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, T. Denault-

Roque, Recording Secretary

A. Disclosure of Pecuniary Interest

None

B. Departmental Report(s)

1. Moved By M. Van Alstine Seconded By B. Foster

Be It Resolved That: The Departmental Reports are hereby accepted as circulated.

Carried

C. Request for Relocation of Sign A discussion ensued and an amendment was made to the original motion.

2. Moved By S. Hayden Seconded By R. Dufour Be It Resolved That: Council permit the relocation of Olivadel Developments

temporary real estate sign to the municipal property across from Yusko Crescent.

Moved By M. Van Alstine

Seconded By H. Malott Be It Resolved That: Council permit the relocation of Olivadel Developments temporary real estate sign to the municipal property across from Yusko

Crescent to the end of 2023. Carried

D. Council Technology Policy

A discussion ensued.

Page 92 of 165

2

Staff was directed update the policy to include that Council will test the move towards a paperless environment as well as including a $200 fee payable by

any Councillor returning a damaged iPad.

3. Moved By B. Foster Seconded By H. Malott

Be It Resolved That: Policy C07-01880, Council Technology Policy be adopted as presented.

Deferred

E. In Camera 4. Moved By H. Malott Seconded By B. Foster

Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No. 2062/08, Council goes into an "in camera" session for the purpose stated in

Section 239.2 of the Municipal Act.

a proposed or pending acquisition or disposition of land by the municipality or local board;

personal matters about an identifiable individual, including municipal or

local board employee

Time: 5:50 pm Carried

F. Closed Session

G. Resume Meeting

Mayor Beer advised that Council went in camera to discuss the sale of a piece

of property and personal matters about an identifiable individual.

5. Moved By B. Foster Seconded By M. Van Alstine

Be It Resolved That: The Memorandum of Agreement for Building Inspection Services be signed and a bylaw be adopted.

Carried

H. Adjournment

Moved By B. Foster

Seconded By M. Van Alstine Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 6:20 pm

Carried

Jill Beer Mayor

Paula Roque Clerk √

Page 93 of 165

1

SPECIAL MEETING OF COUNCIL

May 26, 2020

7:00 pm Council Chambers, 100 Tudhope Street

Her worship Mayor Beer presided over the meeting.

Present: Mayor J. Beer, Councillor R. Dufour, K. Duplessis, B. Foster, S. Hayden, H. Malott, M. Van Alstine

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, T. Denault-Roque, Recording Secretary

A. Disclosure of Pecuniary Interest

None

B. Confirmatory Bylaw

1. Moved By B. Foster Seconded By S. Hayden

Be It Resolved That: Bylaw No 2967/20 be adopted, being a Bylaw of the Town of Espanola to confirm the proceedings of Council at its Meeting of May

19, 2020. Carried

C. Budget to Actual Report - For Information Only

The CAO on the Mayor’s request reviewed the questions Councillor Van

Alstine had posed prior to the meeting and provided answers.

D. Budget Implications due to COVID 19 - For Information Only

E. 2020 Budget

2. Moved By B. Foster

Seconded By S. Hayden Be It Resolved That: Council adopt the 3rd DRAFT VERSION 2 of the 2020 Municipal Budget and the appropriate bylaws be adopted.

Defeated

Page 94 of 165

2

NOTICE OF MOTION

Moved By M. Van Alstine Seconded By R. Dufour

Be It Resolved That: Council adopt the 3rd draft version of the 2020 municipal budget with a 0% increase.

Carried

Councillor Van Alstine asked that the Notice of Motion be heard at this meeting.

Moved By M. Van Alstine Seconded By H. Malott

Be It Resolved That: Council adopt the 3rd draft version of the 2020

municipal budget with a 0% increase. Carried

NOTICE OF MOTION

Moved By B. Foster

Seconded By H. Malott Be It Resolved That: The amount of $164,760 be drawn from reserves to

cover the increase in levy amount for 2020. Carried

Councillor Foster asked that the Notice of Motion be heard at this meeting.

Moved By B. Foster Seconded By K. Duplessis

Be It Resolved That: The amount of $164,760 be drawn from reserves to

cover the increase in levy amount for 2020. Carried

F. Tax Ratio Bylaw

This motion was withdrawn upon the request of the CAO/Treasurer for review and recalculation of ratios.

G. Regional Broadband Support 4. Moved By H. Malott

Seconded By M. Van Alstine Be It Resolved That: Council for the Town of Espanola supports the correspondence regarding Regional Broadband received by the Municipality of

Huron Shores. Carried

Page 95 of 165

3

H. Bylaw No. 2964/20, being an Amendment to Bylaw No 2945/19, Authorizing Billing and Collection of Water and Wastewater Services

5. Moved By M. Van Alstine

Seconded By S. Hayden Be It Resolved That: Bylaw No 2964/20 be adopted, being an Amendment to

Bylaw No. 2945/19, being a By-law to Authorize Billing and Collection of Water and Wastewater Services for the Town of Espanola.

Carried

I. Bylaw No. 2965/20, being an Amendment to Bylaw No 2947/20; being a Bylaw to Provide for an Interim Tax Levy and Payment of

Interim Taxes for Year 2020

6. Moved By H. Malott Seconded By K. Duplessis

Be It Resolved That: Bylaw No 2965/20 be adopted, being an Amendment to Bylaw No. 2947/20, Being a Bylaw to provide for an Interim Tax Levy and Payment of Interim Taxes for the Year 2020.

Carried

J. Bylaw No. 2966/20, being a Bylaw for Dedicated Gas Tax Funds

7. Moved By R. Dufour

Seconded By B. Foster Be It Resolved That: Bylaw No 2966/20 be adopted, being a bylaw to

execute an agreement between the Town of Espanola and the Ministry of Transportation for the Province of Ontario for Dedicated Gas Tax Funds.

Carried

K. Adjournment Moved By M. Van Alstine

Seconded By S. Hayden

Be It Resolved That: The Special Meeting of Council is hereby adjourned. Time: 8:28 pm

Carried

Jill Beer

Mayor Paula Roque

Clerk √

Page 96 of 165

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SPECIAL MEETING OF COUNCIL

June 2, 2020

7:00 pm Council Chambers, 100 Tudhope Street

Her Worship Mayor Beer presided over the meeting

Present: Mayor J. Beer, Councillors R. Dufour, K. Duplessis, B. Foster

(lost connection from 7:45 pm – 7:48 pm and 8:07 pm –

8:09 pm), S. Hayden, M. Van Alstine

Absent: Councillor Mallot, Personal

Staff: P. Roque, Clerk, C. Townsend, CAO/Treasurer, T. Denault-

Roque, Recording Secretary

Laurie Bissonette, Managing Partner KPMG

A. Disclosure of Pecuniary Interest

None

B. Confirmatory Bylaw

2. Moved By B. Foster

Seconded By R. Dufour Be It Resolved That: Bylaw No 2973/20 be adopted, being a Bylaw of the

Town of Espanola to confirm the proceedings of Council at its Meeting of May 26, 2020.

Carried

C. Consolidated Financial Statements, presented by Laurie Bissonette,

Managing Partner, KPMG

Ms. Bissonette presented Council with a summary of the Financial Statement Review and Year-End Audit Report for 2019.

1. Moved By M. Van Alstine Seconded By K. Duplessis

Be It Resolved That: The Consolidated Financial Statements be accepted as presented.

Carried

Page 97 of 165

2

D. Council Technology Policy

3. Moved By B. Foster Seconded By S. Hayden

Be It Resolved That: Policy# C07-01880, Council Technology Policy be accepted as presented.

Defeated

E. Forest Fire Hazard Sign

4. Moved By S. Hayden Seconded By B. Foster

Be It Resolved That: A Forest Fire Hazard sign be installed on the corner of Queensway and Hwy 6., across the Hwy from Tim Horton’s.

Carried

F. Gravel Tender

5. Moved By K. Duplessis Seconded By R. Dufour Be It Resolved That: Council award the 2020 gravel tender to Carlyle

Construction Ltd. Carried

G. Community Events Cancellation

6. Moved By K. Duplessis

Seconded By R. Dufour Be It Resolved That: Canada Day Fireworks, the Outdoor Movie and the Clear Lake Summer Beach program be cancelled for 2020 season due to

COVID 19. Carried

H. In Camera

7. Moved By M. Van Alstine

Seconded By S. Hayden Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No. 2062/08, Council goes into an “in camera” session for the purpose stated in

Section 239.2 of the Municipal Act. personal matters about an identifiable individual, including municipal or

local board employees Time: 7:53 pm

Carried

I. Resume Meeting

8. Moved By K. Duplessis Seconded By R. Dufour Be It Resolved That: The Special Meeting of Council hereby resumes.

Time: 8:11 pm

Page 98 of 165

3

Carried

Mayor Beer advised that Council went in camera to discuss personal matters about an identifiable individual.

9. Moved By S. Hayden Seconded By R. Dufour

Be It Resolved That: Staff proceed with replacing the Administration Clerk position.

Defeated

J. Adjournment

Moved By M. Van Alstine Seconded By R. Dufour Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 8:14 pm Carried

Jill Beer

Mayor Paula Roque

Clerk √

Page 99 of 165

1

SPECIAL MEETING OF COUNCIL

June 9, 2020

4:30 pm

Council Chambers, 100 Tudhope Street

Her worship Mayor Beer presided over the meeting.

Present: Mayor J. Beer, Councillors R. Dufour, K. Duplessis, B. Foster, S. Hayden, H. Malott, M. Van Alstine

P. Roque, Clerk, C. Townsend, CAO/Treasurer, T. Denault-

Roque, Recording Secretary

A. Disclosure of Pecuniary Interest

None

B. Public Hearings

B.1 Consent Application B-01/20

Applicant: Marcella and Todd Yusko Location: 152 -154 Wilson Crescent

The subject application concerns lands municipally known as 152 and 154 Wilson Crescent and legally described as Merritt Con 5 Lot 8 PCL

28985 Plan M77 Lot 208 Lot 209, Roll # 5226 000 003 09500 0000. The property is zoned as R2 – Residential Second Density. The purpose and effect of the application is to sever existing Semi-

Detached Dwellings located at 152-154 Wilson Crescent in to 2 separate properties.

The applicant was present. There were no verbal or written comments received and no request to participate in the Zoom Council Meeting.

There were no questions from Council.

B.2 Consent Applications B-03/20, B-04/20, B-05/20

Applicant: Olivadel Developments Location: Yusko Crescent

Proposal: The subject application concerns lands legally described as Part 5, Part 6, Part 7 and Part 12 of RP 53R21032 on Yusko Crescent,

Roll # 5226 000 007 15419, 007 15420, 007 15421, 007 15400. The properties are zoned as R3 - Residential Third Density. The purpose and effect of the application are technical severances to realign the lot

Page 100 of 165

2

lines in order to reconfigure the proposed residential units of Phase 2 and Phase 3 of Brentwood Village in order to accommodate 2 semi-

detached dwellings on Part 6, a quadplex on Part 5, a triplex on Lot and a semi-detached dwelling.

The applicant was present. There were no written or verbal comments received and no request to participate in the Zoom Council Meeting. There were no questions from Council.

B.3 Zoning Bylaw Amendment Application Z-01/20

Applicant: Greg Clark and Michelle Bois-Clark

Location: 468A Old Webbwood Road Proposal: The effect of the proposed Zoning Bylaw Amendment is to

rezone the affected property from the RR (Rural Residential) Zone to the RR Special Exception 13 (RR-13) Zone in order to permit the keeping of domestic, backyard chickens.

The applicant was present. There was one written comment

received from Richard and Cathy Petrus that was included in the agenda package that supported this application. One additional written comment was received the day of the Public Hearing from Mr.

Armstrong who was also in favour of the application.

The Public Hearing portion of the meeting closed at 4:41 pm.

Councillor Hayden apologized if she offended anyone during the Council meeting of June 2, 2020 when she thought she was muted and was not and being frustrated

with her wifi she swore out loud.

C. Confirmatory Bylaw

1. Moved By B. Foster Seconded By K. Duplessis

Be It Resolved That: Bylaw No. 2975/20 be adopted, being a Bylaw of the Town of Espanola to confirm the proceedings of Council at its meeting of June 2, 2020.

Carried

D. Recommendation regarding Consent Application B-01/20

2. Moved By K. Duplessis Seconded By S. Hayden

Be It Resolved That: Consent Application B-01/20 be adopted with the following condition:

1. 3 copies of the SR Plan be deposited with the Town. 2. The fire separation in the common wall meet the regulations under the Ontario Fire Code.

3. An additional set of services be installed so each side of the duplex has their own.

Carried

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E. Recommendation regarding Consent Applications B-03/20 - B-05/20

3. Moved By H. Malott Seconded By M. Van Alstine

Be It Resolved That: Consent Applications B-03/20, B-04/20 and B-05/20 be adopted with the following condition:

1. 3 Copies of the Reference Plan be submitted to the Town. Carried

F. Recommendation regarding Zoning Bylaw Amendment Application Z-

01/20

A discussion ensued. It was stated that the draft Bylaw specifies a maximum amount of 10 chickens.

4. Moved By B. Foster

Seconded By R. Dufour Be It Resolved That: Bylaw 2974/20 be adopted, being a Zoning Bylaw Amendment to permit chickens at the property known as 468A Old

Webbwood Rd. Carried

G. Bylaw No 2968/20 Part Lot Control Exemption Yusko Cres

5. Moved By H. Malott

Seconded By M. Van Alstine Be It Resolved That: Be It Resolved That: Bylaw 2968/20 be adopted, being

a Bylaw for a Part Lot Control Exemption for Part 1 and 2 of Plan 53R-21321.

Carried

H. Bylaw No 2969/20 Part Lot Control Exemption; 54, 62, 68 Yusko

Cres

6. Moved By S. Hayden Seconded By R. Dufour

Be It Resolved That: Bylaw 2969/20 be adopted, being a Bylaw for a Part Lot Control Exemption for Plan 53R-21346 Part 2, 3; Part 4, 5; and Part 6, 7 Town of Espanola.

Carried

I. Cemetery Bylaw

7. Moved By B. Foster Seconded By R. Dufour

Be It Resolved That: The draft Cemetery Bylaw be adopted as presented and a Bylaw be prepared.

Carried

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J. Pride Week

8. Moved By H. Malott Seconded By K. Duplessis

Be It Resolved That: WHEREAS the Town of Espanola values inclusion as established in the Strategic Plan 2013;

WHEREAS the citizens of Espanola, who are Lesbian, Gay, Bisexual or Transgender (LGBT) are equal and important members of the society;

WHEREAS many Ontario communities are celebrating their citizens who are

LGBT by declaring a Pride Week; raising awareness for equal rights and full equality for individuals locally and globally;

THEREFORE Be It Resolved that Council declares June 14-20 Pride Week in the Town of Espanola.

Carried

K. Municipal Budget

Mayor Beer explained that the budget included in the packages was the updated version following the budget being passed at a previous meeting.

L. Bylaw No 2970/20, Being a Bylaw to Adopt the Estimates of all Sums

Required During the Year and to Strike the Rates of Taxation for the Year 2020

10. Moved By B. Foster Seconded By M. Van Alstine

Be It Resolved That: Bylaw No 2970/20 be adopted, being a Bylaw to Adopt the Estimates of all Sums Required During the Year and to Strike the Rates of

Taxation for the Year 2020. Carried

M. Bylaw No 2971/20, Being a Bylaw to Establish Tax Ratios for

Prescribed Property Classes

11. Moved By B. Foster Seconded By K. Duplessis Be It Resolved That: Bylaw No 2971/20 be adopted, being a Bylaw to

Establish Tax Ratios for Prescribed Property Classes. Carried

N. Bylaw No 2972/20, Being a Bylaw to Adopt Optional Tools for the

Purposes of Administering Limits for Eligible Properties Within the Meaning of Section 331 (New Construction) for the Commercial,

Industrial and Multi-Residential Property Classes

Councillor Van Alstine asked for clarification on the meaning of section 331. C. Townsend advised she will circulate that information to Council.

12. Moved By R. Dufour Seconded By B. Foster

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Bylaw No 2972/20 be adopted, being a Bylaw to Adopt Optional Tools for the Purposes of Administering Limits for Eligible Properties Within the Meaning

of Section 331 (New Construction) for the Commercial, Industrial and Multi-Residential Property Classes.

Carried

O. Covid 19 Update

Mayor Beer advised that there will be no more Emergency Management Meetings being held for the purpose of the COVID -19 pandemic. Should the

need arise to have meetings again a request will be sent to the Emergency Management Coordinator, Mike Pichor.

Mayor Beer stated that through funding obtained by the United Way, 100 gift baskets were delivered to isolated seniors in the municipality.

Mayor Beer advised that the meeting of June 30th would be cancelled; there was no opposition from Council. Regular Council meetings will resume the summer schedule July 14th.

P. Adjournment

Moved By R. Dufour

Seconded By H. Malott Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 5:19 pm

Carried

Jill Beer Mayor

Paula Roque Clerk √

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SPECIAL MEETING OF COUNCIL

June 16, 2020

7:00 pm

Council Chambers, 100 Tudhope Street

Her worship Mayor Beer presided over the meeting.

Present: Mayor J. Beer, Councillors R. Dufour, K. Duplessis, B. Foster,

H. Malott, M. Van Alstine

D. Arthur, Partner; D. Bamberger, Associate; S. Fallatah,

Legal Assistant; K. Whall, Office Administrator of Desmarais Keenan

Absent: Councillor Hayden

Staff: P. Roque, Clerk; C. Townsend, CAO/Treasurer; J. Yusko, Manager of Public Works; D. Parker, Assistant Manager of

Public Works; T. Denault-Roque, Recording Secretary C. Townsend, J. Yusko and D. Parker were removed from the

meeting at 8:02pm and returned at 8:28pm.

A. Disclosure of Pecuniary Interest

None

B. Confirmatory Bylaw

1. Moved By R. Dufour

Seconded By B. Foster Be It Resolved That: Bylaw No. 2976/20 be adopted, being a Bylaw of the

Town of Espanola to confirm the proceedings of Council at its Meeting of June 9, 2020.

Carried

C.1 Economic Development Corporation

A discussion ensued. Council provided the following directions:

quorum will require the majority of members

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there will be no casting vote a limited proxy will be used

the year end for the Economic Development Corporation will be the same as the Municipality's.

Council directed staff to obtain a quote for Director's insurance as well as to add the appointment of Officers to the following agenda.

2. Moved By H. Malott Seconded By R. Dufour Be It Resolved That: Staff finalize the preparation of the Economic

Development Corporation Bylaws with the Town’s Solicitor and bring back to Council for adoption.

Carried

C.2 Procedural Bylaw

This item was deferred to the July 14th meeting. 3. Moved By B. Foster

Seconded By R. Dufour Be It Resolved That: The Procedural Bylaw be adopted as presented.

Deferred

D. In Camera

4. Moved By K. Duplessis Seconded By H. Malott

Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No. 2062/08, Council goes into an “in camera” session for the purpose stated in

Section 239.2 of the Municipal Act.

a proposed or pending acquisition or disposition of land by the municipality or local board

personal matters about an identifiable individual, including municipal or local board employees;

Time: 8:03 pm

Carried

F. Resume Meeting

4. Moved By H. Malott

Seconded By B. Foster Be It Resolved That: The Special Meeting of Council hereby resumes.

Time: 8:28 pm

Carried

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Mayor Beer advised that Council went in camera to discuss an offer to purchase land as well as a personal matter.

G. PWD Pick Up Truck

5. Moved By M. Van Alstine Seconded By R. Dufour

Be It Resolved That: Council approve the purchase of a Ford F-150 Truck that meets the specification as per option #1.

Carried

H. Winter Sand Tender

6. Moved By R. Dufour

Seconded By H. Malott Be It Resolved That: Council award the 2020 Winter Sand Tender (WS 2020) to OCL Custom Crushing and Quarrying.

Carried

I. The Municipality of McDougall Resolution re: O.P.P Detachment Boards

7. Moved By B. Foster

Seconded By K. Duplessis Be It Resolved That: Council for the Town of Espanola supports the Municipality of McDougall's resolution # 2020-64 regarding FONOM's opinion

to not have Northern Ontario District Social Services Administration Boards replace the current OPP Detachment Boards.

Carried

J. Departmental Report(s)

8. Moved By H. Malott Seconded By M. Van Alstine

Be It Resolved That: The following Departmental Reports are hereby received: Public Works Department Departmental Report for May 2020, Leisure Services Department Departmental Report for May 2020, Building

Department Departmental Report for March, April & May 2020, Economic Development Department Departmental Report for May 2020, POA

Department Departmental Report for January - May 2020.

Carried

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K. Adjournment

Moved By R. Dufour

Seconded By K. Duplessis Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 8:50 pm

Carried

Jill Beer

Mayor Paula Roque

Clerk

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SPECIAL MEETING OF COUNCIL

Her worship Mayor Beer presided over the meeting.

June 23, 2020

7:00 pm

Council Chambers, 100 Tudhope Street

Via Zoom Video Conferencing

Present: J. Beer, R. Dufour, K. Duplessis, B. Foster, S. Hayden, H.

Malott, M. Van Alstine

Staff: P. Roque Clerk / Manager of Planning Services / Recording

Secretary, C. Townsend, CAO / Treasurer

Robert Swayze, Integrity Commissioner for the Town of

Espanola (left meeting at 7:?? pm

A. Disclosure of Pecuniary Interest

B. Confirmatory Bylaw

1.

Moved By B. Foster Seconded By R. Dufour

Be It Resolved That: Bylaw No 2977/20 be adopted, being a Bylaw of the

Town of Espanola to confirm the proceedings of Council at its meeting of June 16, 2020.

Carried

C. Robert Swayze, Integrity Commissioner Report

2. Moved By B. Foster Seconded By H. Malott

Be It Resolved That: The compensation paid to Councillor Maureen Van Alstine as a member of Council, be suspended for a period of ninety (90) days commencing with the next pay period.

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Recorded For Against Abstain

J. Beer √

R. Dufour √

K. Duplessis √

S. Hayden √

B. Foster √

H. Malott √

Carried

D. Phone System RFP

3. Moved By B. Foster

Seconded By H. Malott

Be It Resolved That: The Telephone System Replacement project be awarded to Eastlink.

Carried

E. 100 Tudhope St Roofing Upgrade Tender

3.

Moved By R. Dufour Seconded By B. Foster

Be It Resolved That: The Tender for 100 Tudhope Roofing Upgrades be

awarded to Semple Gooder.

Carried

F. Economic Development Corporation Appointment of Officers

4. Moved By S. Hayden

Seconded By B. Foster

Be It Resolved That: The following individuals are appointed as Officers for the Economic Development Corporation:

Bill Foster; President

Heather Malott; Vice President Paula Roque; Secretary

Cynthia Townsend; Treasurer

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Furthermore, that members of the Business Community be contacted to submit their application to fill the position of Executive Director.

Carried

G. Notice of Motion

Be It Resolved That: Council give direction to Staff to proceed with the preparation of animal control bylaw.

5. Moved By H. Malott Seconded By B. Foster

Carried

Councillor Malott requested that this resolution be dealt with at this meeting. Council agreed.

Councillor Van Alstine requested that Council go in to a closed session for

personal reasons about an identifiable individual.

H. In Camera Session

6. Moved By M. Van Alstine

Seconded By R. Dufour

Be It Resolved That:

Under authority of Section 26.1.3 of Bylaw No. 2062/08, Council goes into an "in camera" session for the purpose stated in Section 239.2 of the

Municipal Act.

personal matters about an identifiable individual, including municipal or local board employees

Carried

I. Closed Session

J. Resume Special Meeting

Mayor Beer stated that Council went in camera to discuss the municipal

employee schedule.

7. Moved By K. Duplessis Seconded By H. Malott

Be It Resolved That: The Special Meeting of Council hereby resumes.

Time: 7:58 pm

Carried

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K. Bylaw to Control Feeding of Wild Animals

8. Moved By H. Malott

Seconded By M. Van Alstine

Be It Resolved That: Council give direction to Staff to proceed with the preparation of a bylaw to control the feeding of wild animals.

Carried

J. Adjournment

Be It Resolved That: The Special Meeting of Council is hereby adjourned.

Time: 8:04 pm

Moved By B. Foster Seconded By R. Dufour

Carried

Jill Beer

Mayor

Paula Roque

Clerk

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SPECIAL MEETING OF COUNCIL

Deputy Mayor Bill Foster presided over the meeting.

July 14, 2020

7:00 pm 100 Tudhope Street

Via Zoom

Present: Mayor J. Beer, Councillors R. Dufour, K. Duplessis, B. Foster,

S. Hayden, H. Malott, M. Van Alstine

Staff: P. Roque, Clerk; C. Townsend, CAO/Treasurer; T. Denault-

Roque, Recording Secretary

A. Disclosure of Pecuniary Interest

None

B. Public Hearing

B.1 Consent Applications B-06/20, B-07/20, B-08/20

There were no written or verbal comments received. This portion of

the meeting closed at 7:09 pm.

C. Confirmatory Bylaw

1.Moved By J. Beer Seconded By H. Malott

Be It Resolved That: Bylaw No 2978/20 be adopted, being a Bylaw of the Town of Espanola to confirm the proceedings of Council at its meeting of

June 23, 2020. Carried

D. Recommendation Regarding Consent Applications B-06/20, B-07/20, B-08/20

2. Moved By M. Van Alstine

Seconded By S. Hayden Be It Resolved That: Consent Applications B-06/20, B-07/20 and B-08/20 be

adopted with the following condition: 1. 3 Copies of the Reference Plan be submitted to the Town.

Carried

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E. Procedural Bylaw

A discussion ensued and the motion was amended.

3.

Be It Resolved That: The Procedural Bylaw be adopted as presented.

Moved By K. Duplessis Seconded By R. Dufour Be It Resolved That: The procedural bylaw clause 6.6.3.3 change word

Mayor to the word Council. Carried

Moved By K. Duplessis

Seconded By R. Dufour Be It Resolved That: The Procedural Bylaw be adopted with an amendment to 6.6.3.3.

Carried

F. Drinking Water Financial Plan

4. Moved By H. Malott Seconded By M. Van Alstine Be It Resolved That: The Municipal Drinking Water Licence Financial Plan for

2020 - 2030 be adopted as presented. Carried

G. Keeping and Feeding of Animals

5. Moved By H. Malott

Seconded By J. Beer Be It Resolved That: Bylaw No. 2979/20 be adopted, being a bylaw for the

Keeping and Feeding of Animals Other Than Dogs and Cats. Carried

H. Municipal Drainage Culvert

6. Moved By K. Duplessis

Seconded By M. Van Alstine Be It Resolved That: Council approve the culvert relocation requested provided the following conditions are met:

1 – That work permit(s) from the MECP (Ministry of the Environment, Conservation and Parks) required for creating the new drainage ditch and

outfall including work near a body of water be procured by the requestor and copies are supplied to the Town. This prior to any roadway culvert work or infilling of existing drainage ditch.

2 – That the requestor provides proof that all work planned for the drainage ditch to the lake is on their private property.

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3 – That Public Works will provide an observer during roadway culvert relocation work to ensure that the culvert is installed to our satisfaction and

that backfilling and compaction is performed properly. This at the requestor’s expense.

4 – That the Town be indemnified in writing should there be some form of

environmental fouling and/or construction incident when working in the roadway.

5 – That ditching work required to establish a low spot at the new culvert

inlet location be included in the project at the requestor’s cost. This includes but is not limited to ditch excavation as well as ditch infilling at the existing culvert location to achieve positive drainage to the new culvert inlet location.

6 – That notice of potential road closure(s) is provided to emergency services

and all other property owners on this road to advise that access to properties may be limited for a period of time not to exceed 6 hours and within the

hours of 8am – 4pm.

7 – That the requestor reinstates calcium dust suppression at both culvert locations as directed by Public Works.

Carried

I. Reopening of the Recreation Complex

It was the consensus of Council to move this item to follow Item K.

J. Lifeguard Replacement

8. Moved By K. Duplessis Seconded By J. Beer Be It Resolved That: Leisure Services commence the process to replace a

full time Lifeguard position. Carried

K. Facility Attendant Replacement

9. Moved By H. Malott

Seconded By R. Dufour Be It Resolved That: Leisure Services proceed in hiring a replacement full-time facility staff.

Carried

I. Reopening of the Recreation Complex

7. Moved By J. Beer

Seconded By S. Hayden Be It Resolved That: Leisure Services take a phased in approach to reopen

the recreation facility and programs on August 4th, pending clearance from the Province.

Carried

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L. Summer Students - Public Works

10. Moved By K. Duplessis Seconded By R. Dufour

Be It Resolved That: Council approve the hiring of 2 summer students now and permit the hiring of additional students as vacancies occur due to the

Leisure Services Dept. recalling staff for reopening. Carried

M. Employee Replacement - Public Works

A discussion ensued regarding the cut to services that would take place. Ms.

Townsend advised that there are very few discretionary services within the budget and highlighted items such as beautification and the senior's snow shoveling program that fall under that category.

A recorded vote was requested.

11. Moved By S. Hayden Seconded By J. Beer Be It Resolved That: Public Works hires a full-time labourer to fill the

vacancy created by the retirement of employee #618.

Recorded For Against Abstain J. Beer X R. Dufour X K. Duplessis X B. Foster X S. Hayden X H. Malott X M. Van Alstine X Results 3 4 0

Defeated (3 to 4)

N. Administration Clerk

A discussion ensued.

O. Resolution of Support for Transition to Full Producer Responsibility

12. Moved By M. Van Alstine Seconded By K. Duplessis

Be It Resolved That: WHEREAS the amount of single-use plastics leaking into our lakes, rivers, waterways in Northeastern Ontario is a growing area of

public concern; WHEREAS reducing the waste we generate and reincorporating valuable resources from our

waste stream into new goods can reduce GHGs significantly; WHEREAS the transition to full producer responsibility for packaging, paper

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and paper products is critical to reducing waste, improving recycling and driving better economic and environmental outcomes;

WHEREAS the move to a circular economy is a global movement, and that the transition of Blue Box programs would go a long way toward this

outcome; WHEREAS the Municipality of the Town of Espanola is supportive of a timely, seamless, and

successful transition of Blue Box programs to full financial and operational responsibility by

producers of packaging, paper and paper products; WHEREAS the Municipality of the Town of Espanola is concerned about a recent proposal by

the Ministry of Environment, Conservation and Parks that could jeopardize over 135 small rural, remote, and Northern community Blue Box programs

across the Province as well as servicing to schools and public spaces; AND WHEREAS the Association of Municipalities of Ontario has requested municipal

governments with Blue Box programs to provide an indication of the best date to transition our

Blue Box program to full producer responsibility; THEREFORE BE IT RESOLVED THAT the Municipality of the Town of Espanola

strongly advocates for language to be included in the regulation that ensures municipalities under 5,000 continue to receive Blue Box servicing as was

agreed as part of the Provincial government’s Blue Box mediation as well as schools and public spaces;

FURTHER BE IT RESOLVED THAT the Municipality of the Town of Espanola forward this resolution to the Honorable Jeff Yurek Minister of the Environment,

Conservation and Parks, the Association of Municipalities of Ontario, the Federation of Northeastern Ontario Municipalities and the Rural Ontario

Municipalities Association.

Carried

P. Reports

13. Moved By R. Dufour Seconded By K. Duplessis

Be It Resolved That: The following reports are hereby received: Fire Department Departmental Report for May 2020; Leisure Services Departmental Report June 2020; Economic Development Departmental

Report June 2020; Espanola 2019 OCWA Performance Report. Carried

Q. In Camera

14. Moved By M. Van Alstine

Seconded By R. Dufour

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Be It Resolved That: Under authority of Section 26.1.3 of Bylaw No. 2062/08, Council goes into an “in camera” session for the purpose stated in

Section 239.2 of the Municipal Act. personal matters about an identifiable individual, including municipal or

local board employees

a proposed or pending acquisition or disposition of land by the municipality or local board

Time: 8:34 pm

Carried

S. Resume Meeting

15. Moved By J. Beer Seconded By S. Hayden Be It Resolved That: The Special Meeting of Council hereby resumes.

Time: 9:14 pm Carried

16. Moved By J. Beer Seconded By S. Hayden

Be It Resolved That: Employee 204 move to the next step on the wage grid effective January 1, 2020.

Carried

T. Adjournment Moved By M. Van Alstine

Seconded By J. Beer Be It Resolved That: The Special Meeting of Council is hereby adjourned. Time: 9:17 pm

Carried

Bill Foster Deputy Mayor

Paula Roque Clerk

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The Corporation of the Town of Espanola

Bylaw No. 2983/20

To Authorize the Mayor and Clerk Treasurer/Administrator to Execute and Affix

the Corporate Seal to the Employment Contract between the Corporation of the Town of Espanola and the Canadian Union of Public Employees, Local 534

THAT the Council of the Corporation of the Town of Espanola enacts as follows:

1. That the Mayor and Clerk Treasurer/Administrator are hereby authorized to execute and affix the Corporate Seal to the Employment Contract, dated the

1st Day of January, 2020, between the Corporation of the Town of Espanola and The Canadian Union of Public Employees, Local 534.

2. That the agreement shall be attached to and become part of the bylaw.

Read a first, second and third time in open Council on this 11th day of August 2020.

_________________________ __________________________ J. Beer P. Roque Mayor Clerk

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Form No.: A99-01370

STAFF REPORT

Department: Administration

Date: August 4, 2020 Item: Site Plan Agreement Application

Recommendation: Be It Resolved That: The draft site plan agreement between

the Town of Espanola and Polly Investments for 287 Queensway Avenue be accepted and a bylaw be prepared to adopt the agreement.

Background: The property owner submitted a site plan agreement application in May 2020 for the construction of a commercial mall and motel renovations at 287

Queensway Avenue. A Site Plan Control Agreement is an agreement registered on title, at the Land Registry Office, that describes the manner in which a property must be developed.

It contains plan(s) illustrating the proposed development, terms of the agreement and usually includes financial guarantees to ensure compliance with the agreement.

The principal goals of Site Plan Control are: to maintain the integrity of municipal assets and safety for local residents as well as to improve the image and aesthetic appearance of the municipality.

Site Features location of building, dimensions location of vehicular entry and exit points to and from the property, directional

signage, signage advising of queuing restrictions public roadways, entrances, internal queuing area, exit proposed and existing location, elevation, size, grade and type of sanitary and

storm sewers and water lines existing and final elevations and/or contours together with surface drainage

system method of snow removal, garbage collection and screening area and security

lighting

Analysis:

The Site Plan Agreement Application was circulated to Department Managers for comment. Staff worked with Applicant and the Applicant’s Engineer to ensure

design and drawings meet municipal requirements and applicable land use planning regulations.

Existing Policy: Official Plan, Zoning Bylaw, Municipal Infrastructure Standards

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Form No.: A99-01370

Strategic Goal: Excellence in Government, Safe and Healthy Community

Financial Commitment: $0 Budgeted: NA Yes __ No__

Implementation: Clerk’s Office

Prepared By: Paula Roque

Department Manager:

CAO/Treasurer: Approval of Recommendation: Yes__ No__

Comments:

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SITE PLAN AGREEMENT

THIS AGREEMENT made on the ______ day of ______ 2020.

BETWEEN: POLLY INVESTMENTS

Hereinafter called the “Owner”

OF THE FIRST PART

- and -

THE CORPORATION OF

THE TOWN OF ESPANOLA

Hereinafter called the “Town”

OF THE SECOND PART

WHEREAS the Owner is the owner of the lands and premises described in

Schedule “A” of this Agreement; AND WHEREAS the Owner and the Town have agreed to certain matters

hereinafter expressed relating to the planning and development of the said lands pursuant to the Town’s Site Plan Control Bylaw and in accordance with Section 41

of the Planning Act, R.S.O. 1990, as amended. THIS AGREEMENT WITNESSETH that the parties hereto agree to the following

terms and conditions:

1. In this Agreement:

“ACCEPTANCE” means the date on which the Town accepts that all works and obligations which are constructed, installed, supplied or performed by the Owner pursuant to this Agreement and further referred to in this

Agreement;

“AGREEMENT” means this Agreement and the Schedules which shall be deemed to be covenants as though specifically set out therein;

“APPROVAL” means the date on which the Town is satisfied that certain works have been constructed, installed or performed to the satisfaction of

the Town, and further referred to in this Agreement;

“TOWN” shall mean the Town of Espanola and includes its successors and

assigns and its officers, employees, agents and contractors;

“COUNCIL” shall mean the Council of the Town of Espanola;

“TOWN SPECIFICATIONS OR STANDARDS” means the detailed

description of construction materials, workmanship and standards of works to be carried out by the Owner as prescribed by the Town and its amendment

from time to time by the Town and which are hereby incorporated by reference to and shall form part of this Agreement as though the same were attached thereto;

“MAINTAIN” includes repair, replace, reinstate and/or keep operational;

“OWNER” includes the party of the First Part, its heirs, executors, administrators, successors and assigns and agents thereof or contractor or

subcontractor carrying out the works for or on behalf of the Owner;

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“PLAN” or “SITE PLAN” means the Site Plan approved by Council or a

delegate of Council to act in the capacity of Council and includes the lands described in Schedule “A”;

“ROAD” shall mean those private roads or any part thereof, any daylighting triangles, and any areas of road widening shown or laid out on the Site Plan.

The use of “Streets” or “Private Highway” shall be synonymous with “Road”;

“WORKS” shall mean all matters and things to be provided, listed in and required by this Agreement including infrastructure services, installations, and buildings or structures.

2. Lands

The Owner agrees that the lands affected by this Agreement shall be those described in Schedule “A” hereto and warrants that it is the Owner of those

lands.

3. Scope of Works and Conformity

The Owner agrees to construct and maintain the proposed development in conformity with this Agreement and Schedules attached hereto. No works shall be erected on the lands other than those erected in conformity with the

said Schedules. It is understood and agreed that written approval of the Town, in a form determined solely by the Town, is required prior to any

departure from the specifications of the said Schedules being undertaken. 4. Registration and Issuance of Building Permits

The Town shall cause this Agreement to be registered against the lands to

which it applies immediately following execution by the parties hereto and the Owner agrees not to register any other instrument against the subject lands until this has been accomplished. The Owner may apply for, but not

request nor require the Town to issue building permits for the construction of the Works on the said lands, until this Agreement has been signed and until

all of the payments and performance deposits required of the Owner by the terms and conditions of this Agreement have been made.

5. Insurance Policy

In the case where Works are to be performed or erected on public rights-of-way, the Owner shall provide, prior to commencing work, and keep in force during the construction and operation of the business, a

comprehensive policy of public liability and property damage insurance acceptable to the Town, providing insurance in the amount of not less than

$5,000,000.00 per occurrence exclusive of interest and costs against loss or damage resulting from bodily injury to, or death of one or more persons and loss of or damage to property, with a property damage deductible of not

more than $5,000.00. Such policy shall name the Town of Espanola as a named insured thereunder.

The policy shall provide coverage against all claims for all damage or injury including death to a person or persons, for damage to any property of the

Town of any other public or private property resulting from or arising out of any act or omission on the part of the Owner or any of its servants or agents

during the construction or installation or maintenance of any Works to be performed upon public rights-of-way pursuant to this Agreement. The policy

shall include completed operations coverage and shall be maintained in force until final release by the Town of this Agreement.

The policy shall include blanket written contractual liability, cross liability, contingent employer’s liability, personal injury endorsement, liability with

respect to non-owned licensed vehicles and have no exclusion pertaining to

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shoring, blasting, excavating, underpinning, demolition, pile driving, caisson work and work below ground surface including tunnelling and grading. The

Owner shall forward to the Town, prior to the signing of this Agreement by the Town, a Certificate of Liability Insurance. This Certificate of Liability

Insurance shall be signed by an authorized employee of the Insurance Company providing the insurance. Such insurance policy shall contain an endorsement to provide the Town and the Owner with not less than 30 days

written notice of cancellation.

6. Failure to Comply

The Owner acknowledges and agrees that failure to comply with any term or

condition herein may result in the Town taking such action to enforce compliance, as deemed appropriate by the Town.

7. Implementation of Reports/Studies

All reports and/or studies required as a result of the works in this Agreement shall be implemented to the Town’s satisfaction at the sole expense of the

Owner.

8. Completion Time Limit

Failure by the Owner to complete all works required by this Agreement within

the time limit specified in Schedule “B” hereof or as extended, in writing, by the Town, at its sole discretion, shall constitute a default, in which case the

Town may avail itself of the remedies hereinafter prescribed or available to it in law.

9. Expiry

If a Building Permit has not been issued within one year of the date of signing of this Agreement by the Owner, the approval inherent herein shall be null and void, at the Town’s discretion, unless an extension is granted in

writing by the Town.

10. Default

In the event of a default by the Owner or its assigns in the provision and

maintenance of all works required to be done by the Owner pursuant to this Agreement, the Town may enter upon the lands and do all works as are in

default at the expense of the Owner. “Cost” and “expense of the Owner” in this clause shall be actual cost incurred by the Town plus 25% of such cost as a charge for overhead. Any costs incurred by the Town pursuant to this

clause which shall be paid by the Owner to the Town within 30 days of the mailing of an invoice by the Town, addressed to the Owner at its last known

address.

11. Continued Maintenance

While this Agreement is in effect, the Owner shall maintain the outside

landscaping, including all road allowances abutting the lands, so as to provide a neat and tidy appearance, to a standard satisfactory to the Town. Maintenance shall include but not be limited to the regular watering,

weeding, and cutting or pruning of all grass, shrubs and trees. All other landscape materials such as fencing and walkway surfaces shall similarly be

maintained in a manner satisfactory to the Town. All grass, shrubs and trees shall be replaced if they become unhealthy or die. Any vegetation, which by

its size or nature, creates a hazard or becomes a nuisance, shall be replaced with planting materials approved by the Town. All curbs, asphalt, catch basins and other drainage facilities shall be maintained so as to ensure their

continued, proper and safe functioning. All traffic aisles, parking stalls and accesses shall be kept free of snow and all painted markings shall be

maintained so as to be clearly visible. All other matters and things to be

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provided and maintained by the Owner pursuant to this Agreement shall be so continually maintained to the satisfaction of the Town.

If, in the sole opinion of the Town, the Owner has defaulted in the

maintenance of all works to be provided, the Owner shall rectify, to the satisfaction of the Town, all such works as are in default, within 60 days of mailing of a notification by the Town addressed to the Owner at its last

known address, or within a time deemed reasonable by the Town and stipulated in writing. If, in the opinion of the Town, the Owner has not

rectified all such works as are in default after said stipulated time period, the Town may enter upon the lands and do all such works as are in default, at the expense of the Owner. Actual cost incurred by the Town in carrying out

such works plus 25% of such cost as a charge for overhead, shall be paid by the Owner to the Town within 30 days of mailing of an invoice by the Town

addressed to the Owner at its last known address. 12. Relocation of Utilities and Provision of Easements

The Owner shall obtain approval for, arrange for and pay for the cost of the

relocation of any existing utilities which are necessary due to this development to the satisfaction of, and at a time satisfactory to the authority

having jurisdiction, together with the granting of such new easements as may be required and the release of any existing easements which are rendered unnecessary.

13. Financial Requirements

The Owner shall deposit with the Town, an irrevocable letter of credit or bond in the amounts as set out in Schedule “G” attached hereto and other financial

requirements including but not limited to legal fees, development charges, road cuts and building permit fees that may be required by the Town as

established by by-law or resolution of Council from time to time, which pertain to this development and are not specifically referred to herein. It is the Owner’s responsibility to verify which financial requirements are

applicable to this development and the Owner shall pay same when required by the Town.

14. Performance Deposits

All Works required to be provided and maintained in this Agreement shall be provided and maintained by the Owner at its sole risk and expense and shall

be to the satisfaction of the Town. In order to ensure that such Works are provided and maintained by the Owner, the Owner shall deposit with the Town, before this Agreement is executed by the Town, an irrevocable

letter(s) of credit or a bond and from a financial institution/user approved by the Town, which deposit however made, may be referred to hereafter as a

"performance deposit". The performance deposit shall be based upon the total estimated cost of the Works required to be constructed or installed. The estimate of the cost of the Works and the amount of the performance deposit

shall be those prescribed in Schedule "G" attached hereto, as approved by the Town.

15. Letters of Credit – Renewal

If the Owner satisfies the provisions of Clause 14 by depositing irrevocable letter(s) of credit with the Town, the following provisions shall apply:

(a) Until the Acceptance or Approval of all Works required to be provided and

maintained by the Owner pursuant to this Agreement, to the satisfaction of the Town, it will be a condition of the letter of credit that it shall be deemed to be automatically extended without amendment from year to

year from the existing or any expiration date thereof, unless at least thirty (30) days prior to any such future expiration date, the financial

institution which issued the letter of credit notifies the Town in writing by

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registered mail that it elects not to consider the letter of credit to be renewable for any additional period.

(b) Until the Acceptance or Approval of all Works required to be provided and

maintained by the Owner pursuant to this Agreement, to the satisfaction of the Town, the irrevocable letter(s) of credit shall continue to be automatically extended in the same manner as provided in sub-clause (a)

hereof.

(c) If the Owner and/or financial institution fails to extend the letter(s) of credit as required under sub-clauses (a) and (b) hereof as required by the Town, such failure shall be deemed to be a breach of this Agreement by

the Owner, and the Town, without notice to the Owner, may call upon any part or the whole amount of the existing letter(s) of credit

notwithstanding anything otherwise contained herein. Any amount received by the Town shall be held by the Town in the same manner as if it had originally been cash deposited under the provisions of Clause 14.

16. Release of Plans

The Owner hereby releases to the Town its rights to any approved drawings

that form part of this Agreement, for the purposes of tendering the construction upon default of this Agreement. The Owner shall also ensure that appropriate releases to the Town are obtained from the Owner’s

consultants, if required.

17. Notices

Any notice required to be given herein shall be in writing and shall be

delivered personally or by prepaid registered mail and, if to the Town, shall be addressed to the office of the Town at 100 Tudhope Street, Suite 2,

Espanola, ON P5E 1S6, or at such other address at which the Town offices are located in the future and, if to the Owner or their agent at the addresses provided in the application submitted for approval of the subject project or at

such other address as the Owner may advise the Town in writing.

18. Subsequent Parties and Gender

This Agreement shall ensure to the benefit of and be binding upon the parties

hereto and their respective heirs, executors, administrators, successors and assigns, and all covenants and agreements herein contained, assumed by, or

imposed upon the Owner are deemed to be covenants which run with and bind the lands and every part thereof. All covenants herein contained shall be construed to be several as well as joint, and wherever the singular or

masculine is used, it shall be construed as if the plural or the feminine or the neuter, as the case may be, had been used where the context or the party or

the parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made.

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19. Indemnity

The Owner, executors, administrators and assigns, including successors in title, covenants and agrees to indemnify and save harmless the Town from

all actions, causes of actions, suits, claims or demands whatsoever which arise directly or by reason of the development of the Site Plan and the construction and maintenance or the improper or inadequate construction

and/or maintenance of the works.

20. Schedules

The following Schedules are attached hereto and form part of this

Agreement:

Schedule “A” Description of Lands to which this Agreement Applies

Schedule “B” Survey

Schedule “C” Town Standards and Specifications

Schedule “D” Site Plan Standard Conditions

Schedule “E” Site Plan

Schedule “F” Geotechnical Report and Record of Site Condition.

Schedule “G” Financial Requirements

If plans listed above are reduced copies, then reference should be made to full-sized plans filed in the offices of the Town.

21. Clause Headings

All paragraph headings are for ease of reference only and shall not affect the construction or interpretation of this Agreement.

IN WITNESS WHEREOF THE Owner have hereunto set their Hand and Seal or affixed the Corporate Seal of the Company duly attested to by its proper signing

officers duly authorized in that behalf.

DATED AT this day of , 2020.

SIGNED, SEALED AND DELIVERED ) in the presence of ) POLLY INVESTMENTS

) ) Per:

) _____________________________

)

) )

) Per: )

_____________________________

)

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IN WITNESS WHEREOF the Town of Espanola has hereunto affixed its Corporate Seal duly attested to by its Mayor and Clerk / Manager of Planning Services.

DATED AT the Town of Espanola, this day of , 2019. SIGNED, SEALED AND DELIVERED )

in the presence of ) TOWN OF ESPANOLA )

) ) ) Per:

) )

_____________________________ Mayor

)

) )

) Per: )

) _____________________________

Clerk / Manager of Planning Services

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SCHEDULE “A”

DESCRIPTION OF LANDS TO WHICH THIS AGREEMENT APPLIES

All and singular that certain parcel or tract of land and premises situate, lying and being in the Town of Espanola, being composed of:

Description

Roll Number

PIN MERRITT CON 4 LOT 7

PCL26486 RP 53R8004 PART 2

5226-000-011-18100-0000

73406-0056

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SCHEDULE “B”

REFERENCE SURVEY PLAN

Plan 53R-8004 Full size Plan filed with the Town of Espanola

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SCHEDULE “C”

TOWN STANDARDS AND SPECIFICATIONS

ENGINEERING 1. Extension of Municipal Services

The Town will have no responsibility to install any extension to municipal services

which may be required in order for the Owner to comply with this Agreement or with any Provincial or Municipal laws or by-laws.

The Owner agrees during construction to connect to the Towns municipal services, and that the Owner’s consulting engineer shall test the completed works in

accordance with the Town’s standards and Provincial Regulations 170 which require over the shoulder supervision by the Town.

2. Work on Town Road Allowances

Any works required to be done by the Owner on Town road allowances shall be according to the specifications and by-laws of the Town. The Owner, or its

contractor, shall be required to obtain all the necessary permits for road cuts prior to the disruption of the Town road allowance and it is further understood and agreed that the aforementioned cuts shall be reinstated to the satisfaction of the

Town.

A Certificate of Insurance naming the Town of Espanola as an additional insurance shall be provided to the Town by the Owner and all contractors working on the road allowances on behalf of the Owner prior to the work commencing.

3. Approvals

The Owner shall obtain all permits, licenses and approvals from all Federal, Provincial, Municipal or regulatory agencies, as may be required.

4. Performance of Works

The Owner shall ensure that the performance of Works required as a result of this Agreement, whether by the Owner or its employees, servants or agents or its

contractors or subcontractors, shall be so performed as not to constitute a nuisance or disturbance to abutting or nearby properties or the Owner thereof.

The Owner shall comply with and shall ensure that all of its contractors and subcontractors comply with any written instructions issued by the Town concerning any such nuisance or disturbance regardless of whether such

instructions require positive action or discontinuance of action.

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INSPECTION FIRE REQUIREMENTS

5. Fire Fighting Performance Standards

Every Owner of a building or structure shall ensure that its building is served by access routes for fire fighting, as required, designed and constructed in

accordance with the Ontario Building Code Act and Regulations made thereunder and all other applicable laws. The approved access routes shall be maintained in

accordance with the Ontario Fire Code. 6. Fire Lanes and Parking Spaces

For the Motel, the site plan sets out 38 parking spaces, an additional 1 Accessible

parking space and 1 loading space. For the Commercial Mall, the site plan sets out 37 parking spaces, an additional 6

Accessible parking spaces and 1 loading space.

The Owner agrees to provide, maintain and post signs designating fire lanes and parking for the physically disabled in conformity with Town by-laws. The Owner

shall ensure that fire lanes are kept free and clear of vehicles and that parking spaces for the physically disabled are not illegally occupied.

Fire Lanes and Parking spaces to be in accordance with Schedule “E” and shall be clearly identified and marked appropriately with proper permanent signage.

LANDSCAPING

7. Inspections and Maintenance

Maintenance of plant material, by the Owner, shall begin immediately following completion of each portion of planting. Maintenance shall consist of watering, weeding, and rodent, pest and disease control in accordance with generally

accepted horticultural practices.

GENERAL 8. Access/Egress

Specifications shown on the approved Plans attached hereto in Schedule “E”.

9. Buffering / Fencing

Specifications shown on the approved Plans attached hereto in Schedule “E”.

10. Exterior Lighting

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All exterior lighting proposed for the subject lands shall be installed in the locations and in accordance with specifications shown on the approved plans

attached hereto in Schedule “E” unless otherwise approved in writing by the Town.

11. Loading

The loading shall be at least 9.0 m long, 3.6 m wide as shown on the approved plans attached hereto in Schedule “E”.

12. Snow Removal

Snow removal around the perimeter of the Owners property is as per the Town of Espanola snow removal policies. Service levels beyond these policies will be the

responsibility of the Owner. Snow removal on the property shall take place in a manner ensuring no required parking spaces, access / egress areas or fire lanes are blocked and in accordance with the approved plans attached hereto in

Schedule “E”.

13. Municipal Number Signs

The Owner shall provide and erect or affix, at its expense, such municipal number signs, illuminated or otherwise, in such locations and of such a size, design and colour as submitted to and approved by the Town, prior to occupancy of any

buildings, or part thereof, in the subject development.

14. Waste Handling The Owner shall provide, to the Town’s satisfaction, enclosed environmentally

acceptable solid waste disposal systems and handling facilities for waste generated from the Motel and the Commercial Mall as per the approved plans

attached hereto on Schedule “E”. PLANS

15. Submission of Approved Plans

The Owner shall file with the Town one copy of all approved Plans which form Schedules to this Agreement, in a format acceptable to the Town.

16. Provision of As-Built Drawings

The Owner shall submit to the Chief Building Official, As-Built Drawings, prepared and certified by an Engineer.

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SCHEDULE “D”

SITE PLAN STANDARD CONDITIONS

1. The Owner shall obtain such permits as may be required from Municipal or Provincial authorities and shall file copies thereof with the Town.

2. The Owner shall provide adequate water supply for firefighting for the building.

3. Any portion of the subject property which is intended to be used for snow

storage shall be as shown on the approved site plan or as otherwise

approved by the Town. Snow storage areas shall be set back from property lines, foundations, fencing or landscaping a minimum of 1.5 metres. Snow

storage areas shall not occupy driveways, aisles, required parking spaces, fire lanes or any portion of a road allowance.

4. The Town does not guarantee the quality or quantity of the groundwater. If, at some future date, the quality or the quantity of the groundwater

becomes deficient, the Town bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole

responsibility of the Owner. 5. No occupancy permit shall be issued until all requirements with respect to

completion of the Works as identified in this Agreement have been carried out and received approval by the Town. Provided that notwithstanding the

non-completion of the foregoing Works, conveyance and/or occupancy of a lot or structure may otherwise be permitted, if in the sole opinion of the Town, the aforesaid Works are proceeding satisfactorily toward completion.

The consent of the Town for such conveyance and/or occupancy shall be obtained in writing by the Owner.

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SCHEDULE “E”

Site Plan

POLLY INVESTMENTS 257 Queensway Avenue

As Built Drawings

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CIVIL INFRASTRUCTURE LAND DEVELOPMENT

ROADS & BRIDGES BUILDINGS WATER RESOURCES

PROJECT MANAGEMENT

C2S ENGINEERING

CIVIL INFRASTRUCTURE LAND DEVELOPMENT

ROADS & BRIDGES BUILDINGS WATER RESOURCES

PROJECT MANAGEMENT

C2S ENGINEERING

Site Statistics

LEGAL

DESCRIPTION:

Part 2, Plan 53-8004

Part of lot 7, Concession 4, Merritt Twp.

Town of Espanola, Sudbury District

ZONE STANDARDS

MIN. LOT AREA:

MIN. REQUIRED FRONT YARD:

MAX. LOT COVERAGE:

MAX HEIGHT:

MIN. LANDSCAPED OPEN SPACE:

MIN. REQUIRED INTERIOR SIDE YARD:

BUILDING SEPARATION:

MIN. LOT FRONTAGE:

MAX. GROSS FLOOR AREA:

MIN. REQUIRED CORNER SIDE YARD:

Mixed Light Industrial/Service Commercial M1

General Commercial C2

MIN. REQUIRED REAR YARD:

PARKING

EXIST. MOTEL

COMMERCIAL BLDG.

ZONING

LANDSCAPING IN

PARKING AREA

MIN. LOT DEPTH:

ACCESSIBLE

PARKING

EXIST. MOTEL

COMMERCIAL BLDG.

EXIST. MOTELLOADING

SPACES

COMMERCIAL BLDG.

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SCHEDULE “F”

GEOTECHNICAL REPORT AND RECORD OF SITE CONDITION

(To be attached when completed prior to issuance of Building Permit)

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SCHEDULE “G”

FINANCIAL REQUIREMENTS

The Owners covenant and agrees that prior to the COMMENCEMENT OF WORK ON THE SITE and or the registration of the Site Plan Agreement, the Owner will

deposit with the Town treasurer the sum of $46,500 DOLLAR (10% of development cost estimates) in Canadian dollars or by way of an irrevocable Letter of Credit to ensure fulfilment of all the terms and conditions of the Site Plan

Agreement.

The Owners further covenants and agrees that the Owners shall, PRIOR TO THE COMMENCEMENT OF WORK ON THE SITE OR ON TOWN PROPERTY and or

REGISTRATION of the SITE PLAN AGREEMENT, deposit with the Town of Espanola the Sum of $25,000 DOLLARS (100% of the cost estimates of the work on municipal property) in Canadian dollars or by way of irrevocable Letter of Credit

to ensure the satisfactory performance of all work to be done on municipal property.

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Form No.: A99-01370

STAFF REPORT

Department: Administration

Date: August 4, 2020 Item: Request for an exemption to the Animal Control Bylaw

Recommendation: Be It Resolved That: For Discussion and Direction.

Background: Staff received a request from a resident for Council consideration to provide an exemption to the Animal Control Bylaw with respect to permitting off

leash dogs on the section of Duplessis Rd where there are no homes.

Analysis: The Town’s current Bylaw to regulate Dogs and Cats 2790/17, Part 4 Animals at Large states:

4.1 No person shall, within the Municipality, fail to prohibit any dog for which

he/she is the owner from being at large or permit a dog to be at large. 4.3 No person shall within the municipality permit a domestic animal for which

they are the owner to be at large. 4.4 For the purpose of this Bylaw, a dog or cat or domestic animal shall be

deemed to be at large when found in any place other than the property of

the owner of the dog, cat or domestic animal and not under the control of any person.

Staff contacted the Town’s Animal Control / Bylaw Enforcement Officer for comment.

He advised that he does not recommend Duplessis Rd or any public road be

exempted from the Animal Control Bylaw or leashing regulations. He has had several complaints over the years of dogs off leash on that road, and have issued several warnings.

He would support the establishment of a dog park. They are a benefit in that

those who want to exercise their dog off leash will use it and not other facilities where dogs are prohibited or required to be on leash. While there are inevitably some occurrences at a park like this, the benefits for Municipalities that have

developed these generally outweigh the drawbacks.

There would be no cost impact from an Enforcement standpoint, we would see it as a measure that improves the quality of life for residents, both dog owners and

those who do not want to be harassed by off leash dogs in other areas.

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Form No.: A99-01370

Existing Policy: Bylaw

Strategic Goal: Safe and Healthy Community Financial Commitment: $0

Budgeted: NA Yes __ No__

Implementation:

Prepared By: Paula Roque

Department Manager: CAO/Treasurer:

Approval of Recommendation: Yes__ No__

Comments:

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

STAFF REPORT DEPARTMENT: Leisure Services DATE: June 26, 2020

ITEM: Blue Box Transition

RECOMMENDATION:

That the municipality serves as contract administrator for the Blue Box program

as the Blue Box transitions to full producer responsibility.

BACKGROUND:

In 2016 Ontario passed regulation that would that would transfer 100% of

eligible costs of providing blue box services to full producer responsibility. In addition Stewardship Ontario will be transferring its authority to Resource Productivity & Recovery Authority (RPRA)

Producer responsibility forces the corporations that produce packaging for

products that municipality end up managing in their waste stream pay for the management, collection, processing and in some cases the disposal of

recyclable waste. The process is that corporations pay a fee based on their product type and packaging to Stewardship Ontario. Stewardship Ontario disperses the money based on performance of the municipalities of the Blue

Box Program.

Under the present model municipalities can receive up to 50% of eligible costs. Currently our cost for recycling services is approximately $85,000 and our funding portion is $33,000 from stewardship Ontario. It should be noted that

the provision of recyclable services for commercial business is not an eligible cost.

The transition of funding is planned to commence January 1 2023- 2025 and

AMO has suggested that municipality announce their preferred transfer date by

resolution, as not all municipalities can transition January 1 2023.

To transition to the new model municipalities will have 3 options. 1. Serve as contract Administrator for RPRA to receive 100% of eligible

cost.

2. Surrender the program entirely to RPRA to administer the contract and manage the program.

3. Status Quo, keep the existing format of 50% funding of eligible cost.

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

ANALYSIS: Option 1. Serve as collection contract administrator. The municipality would

continue to deal with residents directly on blue box issues. Municipalities with

contracts in place at the time of transition will be face with 2 options 1. Stewardship Ontario will establish a benchmark level of compensation to

allow the municipality to transition under the existing contract. The benchmark level of compensation is an unknown quantity however it doesn’t suggest 100% funding of eligible cost.

2. The second option is that municipalities can attempt to break their existing contract and pay any associated cancellation penalties.

Option 2 the municipality will have the option of opting out of the providing

Blue box collection services altogether. Under this section, stewardship Ontario

would hire the collection contractor through public tender process. There would be no local responsibility or participation in recycling services to residents.

Option 3, Stats Quo, Staff is unable to support this option due to the current

position of not having a contract a place and being subject to escalating costs

Staff wish to point out that in 2016 when the regulation passed the

commencement of transitioning was to commence 2020-2025. Although the province is still committed to completing the transition of funding by the end of 2025 it is unknown what impact Covid -19 has on those dates

staff is currently attempting to update garbage collection and recycling

contracts. A decision on whether the municipality wishes to proceed on the transition of funding will provide staff some direction to staff with regard to term of contracts and mitigate pitfall with regard to terminating contract early.

AMO recommends that Contracts should match a municipalities transition date.

Conclusion

Staff is recommending option 1. As recycling services transition to producer responsibility the municipality will be a partner in the agreement to have limited influence on the outcome of service levels and serve as point of contact for

residents assist the resident navigate and blue box issues complaints. It is unlikely that the municipal staff time will would be covered under the new

funding model.

EXISTING POLICY:

STRATEGIC GOAL:

1) Improve and Maintain our Infrastructure

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

2) Sustainable Economic Growth & Prosperity

3) Excellence in Government 4) Safe and Healthy Community

FINANCIAL COMMITMENT:

BUDGETED: Yes X No

IMPLEMENTATION

Prepared By:

Department Manager: Joel Yusko

CAO / Treasurer: Cynthia Townsend

Approval of Recommendation: Yes No

Comments:

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

STAFF REPORT DEPARTMENT: Leisure Services DATE: July 31, 2020

ITEM: Hiring of 2 Part time front Desk

RECOMMENDATION:

That Leisure Service hire a replacement for 2 part-time front desk staff .

BACKGROUND:

Pre-Covid-19 the Complex had a compliment of 1 full time staff, 3 Part-time and 3 casual positions. 2 of these casuals also work in other areas of the

complex and the other works fulltime for another employer.

The third part-time is returning to post-secondary school and it is unknown at

the time of this staff report if this person can meet the requirement of committing to 20 hours/week and may have to drop to a casual position.

Part-time staff is defined as an employee who is regularly employed to work

less than a full-time employee and who makes a commitment to the employer, upon hiring, to be available for work on a regular predetermined basis as determined by the employer for a minimum of 20 hours per week.

Casual Employees are employed on a relief basis and are available for call-ins

as circumstances demand. These employees may be scheduled for shifts and are called in as needed; need being defined as a shift where no regular part-time employee is available to work without necessitating the employer to pay

premium rates.

Complex hours of operation Summer hours Monday –Friday 6:00am to 10:00pm

Saturday 8:00am to 2:00 pm Closed Sundays

Winter hours Monday-Friday 6:00am-10-pm

Saturday Sunday 7:30am-8:00pm

During Covid-19, 2 Part-time staff have found fulltime employment, but have requested to stay on as casuals.

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

As the municipality commences the reopening of the complex under the

guidelines from Public Health, Front Desk Staff will have the added responsibilities of pre-booking appointments to manage capacity which will include pre-screening for symptoms. Additionally, front desk will be tasked

with education patrons on the new safety protocols and will be required to record all patrons attending the facility for the purpose of Public Health tracing

should a COVID 19 case be identified amongst the users.

ANALYSIS:

There is not enough human resources in the compliment to manage the hours of operation, sick time and vacation.

EXISTING POLICY: Seek council approval before hiring

STRATEGIC GOAL:

1) Improve and Maintain our Infrastructure

2) Sustainable Economic Growth & Prosperity 3) Excellence in Government 4) Safe and Healthy Community

FINANCIAL COMMITMENT:

BUDGETED: Yes X No

IMPLEMENTATION: Upon council approval Staff will post internally as per the collective agreement before advertising and opening up to the public. . This process

could take up to 6 weeks.

Prepared By:

Department Manager: Joel Yusko

CAO / Treasurer: Cynthia Townsend

Approval of Recommendation: Yes No

Comments:

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

STAFF REPORT DEPARTMENT:Building Services DATE: July 28, 2020

ITEM: Replacement of Building Inspector

RECOMMENDATION: Be It Resolved That: A full-time building inspector be hired to

replace the vacancy created by the resignation of employee #223.

BACKGROUND: In 2017 the Town of Espanola, the Townships of Sables-Spanish

River, Nairn & Hyman and Baldwin entered into a full cost recovery Shared Services

Agreement for the enforcement of the Provincial Ontario Building Code/Act.

The employee hired for the position of building inspector for these service areas has

recently accepted an employment offer elsewhere.

ANALYSIS: The details of the current agreement would remain the same, meaning

this position would be at full cost recovery to the Town of Espanola, In addition to

the 15% administrative fee received to cover a portion of the CBOs time as required

for certain inspections, supervision and other admin costs.

If Council chooses not to replace this position, notice must be provided to the

contracting municipalities as the municipality would not be able to meet the needs of

the other 3 municipalities.

EXISTING POLICY: Memorandum of agreement for Building Inspection Services

STRATEGIC GOAL:

2) Sustainable Economic Growth & Prosperity

3) Excellence in Government

FINANCIAL COMMITMENT: N/A

BUDGETED: Yes x No

IMPLEMENTATION: Council Resolution

Prepared By: Chief Building Official

Department Manager: Dan Rivet

CAO / Treasurer: Cynthia Townsend

Approval of Recommendation: Yes No

Comments:

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

STAFF REPORT DEPARTMENT: Administration DATE: July 10, 2020

ITEM: Garbage & Recycling Collection

RECOMMENDATION: Be it resolved that:

That Staff proceed with option 2 as the recommended solution for renewing the municipality’s garbage and recycling contract.

BACKGROUND:

The contracts for the collection of recycling services ended April 30, 2019 and the garbage collection contract has been expired since June 1, 2014.

Each contract continued on a year to year basis as mutually consented under the same terms with adjustments for CPI annually. In November of 2019, without notice the contractor started adding a 18% surcharge to the garbage collection contract.

The municipality currently pays $85,337.40 annually for recycling and $158,994.60 for

garbage pick up – plus an 18% surcharge on this for an additional $28,619/year. In total this amounts to $272,951 plus additional pick-ups which are scheduled for the

municipal office, public works and the complex as required (charges vary $35.20 - $114.40/lift +18% depending on size).

It is estimated that approximately ½ of business owners contract independently of the Town collection contract for waste collection services.

ANALYSIS:

The Province has been working on implementing the change to shifting

responsibility for recycling back to the producers and away from being a municipal responsibility. Any new contracts must be approved by Resource Productivity & Recovery Authority (RPRA).

Green for Life is the current service provider, and have clearly stated they

would like the contracts combined and that they are not interested in doing either one without the other. The markets have been changing significantly which have included decreased revenue for recycling items and increased labour

costs as well as challenges in finding labourers.

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Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

When Council last considered the garbage contract, consideration was given to reducing bag limits and changing service delivery model to by-weekly garbage pickup in an effort to find savings. In addition estimates were provided on the

cost for the municipality to do their own garbage collection (as the current bylaw provides for). These costs were estimated at $150,500 +/- and the

direction was to negotiate with our current service provider. It should be noted that a municipal garbage collection program is also susceptible to added cost WSIB injury for repetitive strain and sprains, and that any vehicle breakdown

results in a break of garbage collection service.

In addition to combining the 2 contracts, GFL has provided notice that they would like to move towards an automated collection system. This requires the purchase of 65 gallon carts that would be picked up and emptied by arms from

the collection vehicle. This method establishes a simplified recycling process for residents, increases recycling capacity, (larger container and no separating of

cardboard, plastics, and cans etc.) and promotes cleaner streets as the containers will have lids keeping birds, small animals and wind from scattering waste.

A do nothing approach is not an option as it will lead to significantly increased

collection fees.

Municipalities under 5,000 are also on the cusp of being left out of funding for

recycling. Currently our collection costs are approximately $85,000 and $33,000 is received from Stewardship Ontario which has been winding down

and transferring responsibility to RPRA. The $33,000 is at risk of being lost as a result of the transition to producer responsibility.

It is also expected that approximately ½ of business owners currently contract separately outside of the municipal collection stream because the current

requirements are not sufficient for them. This indicates that having this as a tax provided service may not be benefiting commercial businesses who also

already pay a higher multiple of their taxes, and a consideration may be that we do not provide this service for commercial businesses at all.

Presently the proposal only provides for 1 65 gallon container for garbage and 1 65 gallon container for recyclables to commercial business. Council should note

that this proposal in not in line with the now expired contract that provided service to business Section 1.5.2 “any business that can remain within 8 items twice per week will be collected as long as waste complies with garbage by-law

251. All waste will be place at curb. Any business that cannot conform to this be responsible for their own collection & landfill charges.” This would be a

significant change to how service is being provided to the commercial sector. Staff interpret the proposal of being that any business requiring disposal of

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

more than 65 gallons per week will be forced to entering into an agreement

with the service provider separately.

Option 1 – Municipal Collection - Garbage Only The municipality could provide

this service at a much lower fee similar to what we currently pay. (Staff report of February 8th , 2017) Recycling Services would still have to contracted out it is

unknown if the municipality could find a processing facility to accept our recyclables. It is also likely that we would have to pay to have the recyclables sorted and process for markets. In addition, it is staff understanding that under

regulation 101/94 that once a municipality starts a recycling program it has to continue the recycling program. A recycling only contract is not an option for

GFL.

Option 2 – Conduct a request for proposal for garbage and recycling collection

services. This this would involve the working with and engineering firm to outline a scope of municipal service delivery and a method to evaluate the

proposal.

The Lacloche Foothills Municipal Association has discussed aligning and joining

our contracts to create greater economies of scale, this would make a contracts more attractive and invite completion into the area to ensure that municipality

is receiving best price. in order to attract bidders for recycling one of the municipalities would have to have a site/facility for a recycling/sorting facility. The sale of marketed recyclables could offset the cost of the facility. It should

be noted that current market value of products is low. The province does intend to transition some 70 municipal processing centers to attain further efficiencies.

This suggests that producer responsibility may open up processing facility to accept recyclable material for processing.

In consideration of the size of the municipality and that there is really only one local provider it will be challenging to attract competitive tenders, however a

joint tender with the LFMA may provide more opportunity. Council could amend the motion expand the request for proposal to include consultation with other

municipalities.

Option 3 – to work with GFL on one of the options identified

Consider whether we want to continue this as a tax based service for commercial businesses or not.

Conclusion

There are a number of changes to the proposals 1. Significant increase in cost

2. Proposal has a new method of collection 3. some limitation of services to business.

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Department: General Administration Form Number: A99-01370

Subject: Staff Report Effective Date: 06/05/17

Policy No: Revision Date: 13/05/29

Bylaw No: Version #: 2

4. a future transition of funding for recycling.

5. The municipality’s request for bi-weekly service quotation was not provided but could be a possibility if council wanted to pursue this as a way to reduce costs.

Staff recommends that the municipality should seek out other options and bids

for garbage and recycling service via a request for proposal.

EXISTING POLICY: Bylaw 251

STRATEGIC GOAL:

1) Improve and Maintain our Infrastructure 2) Sustainable Economic Growth & Prosperity 3) Excellence in Government

4) Safe and Healthy Community

FINANCIAL COMMITMENT: N/A

IMPLEMENTATION: N/A

Prepared By: Cynthia Townsend/Joel Yusko

Department Manager:

CAO/Treasurer: Cynthia Townsend

Approval of Recommendation: Yes No

Comments:

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