HomeMy WebLinkAbout11 028 Bruce Telecom Policy Amendment By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2011 - 028
BEING A BY -LAW TO AMEND BY -LAW NO. 2006-266 "BEING A BY -LAW TO
ESTABLISH A MUNICIPAL SERVICE BOARD, TO BE KNOWN AS "BRUCE
TELECOM ", TO ASSUME CONTROL AND MANAGEMENT, SUBJECT TO
THE PROVISIONS OF THIS BY -LAW, OF THE TELECOMMUNICATIONS
SERVICES OPERATIONS OWNED BY THE MUNICIPALITY"
WHEREAS Section 224 (a) and (c) of the Municipal Act 2001, S.O. 2001, c. 25,
• as amended, determines that the role of the Council of a municipality is to
represent the public and to consider the well -being and interest of the
municipality and to determine which services the municipality provides;
AND WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2011,
c.25, as amended provides that the powers of a municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues and a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under this or any other
Act;
AND WHEREAS The Corporation of the Municipality of Kincardine (the
"Corporation ") owns, manages and operates a public utility telephone and
telecommunications system under the name "Bruce Telecom ", previously under
the name "Bruce Municipal Telephone System ";
• AND WHEREAS Council deems it appropriate to amend various subsections of
By -law No. 2006 -266;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That By -law No. 2006 -266 be amended as follows:
i) That Section 1.01 Definitions be amended by adding the following:
(p) Mayor, means the Mayor of The Corporation.
ii) Section 2.02 be deleted and the following Section be added:
2.02 Bruce Telecom Board: The Board shall consist of nine (9)
Members six (6) of whom shall be Voting Members and three (3) of
whom shall be Non - Voting Members. The Non - Voting Members of
• the Board shall be the President/CEO, CAO and the CFO. The
Voting Members of the Board shall be five (5) persons appointed by
Council and the Mayor as ex- officio member.
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Bruce Telecom Policy Amendment By -law
By -law No. 2011 - 028
The Chair of the Board shall be appointed or selected from the
• Voting Members appointed, as set out in Section 2.04 of this
By -law.
The Voting Members, including the Chair shall meet the
qualifications established in this By -law. The recruitment and
selection of the Voting Members shall be consistent with the criteria
established by Bruce Telecom and Council so as to provide the
Board with satisfactory financial, business and related expertise.
iii) Section 2.04 be deleted and the following Section be added:
2.04 Chair: At the time that it makes the appointments of the first
Voting Members to the Board, Council shall appoint one Voting
Member as the first Chair. Once appointed, the Board shall elect a
Vice -Chair from amongst the Voting Members. Subsequently, once
the Chair position becomes vacant or the Chair has completed a
first term, the Board shall elect the Chair from amongst the Voting
Members. The term of the Chair shall be two (2) years. Voting
• Members may be appointed for consecutive terms as Chair. The
Mayor, as ex- officio member, is not eligible to be appointed Chair.
iv) Section 2.05 be deleted and the following Section be added:
2.05 Reappointment: Any Board Member is eligible for
reappointment on the expiration of his or her term of office, subject
to any By -laws of the Board, within the following parameters:
(a) No person shall serve as a Member of the Board for more
than eight (8) consecutive years;
(b) Should a Board Member complete eight (8) consecutive
years on the Board, he /she must sit out a two (2) year term
prior to re- applying for appointment;
(c) Should a member of Council wish to apply to the Board,
he /she must have a two (2) year absence from Council prior
to becoming eligible for a Board appointment.
• v) Section 2.07 be deleted and the following Section be added:
2.07 Terms of Office: Subject to automatic vacancies upon such
events as death, resignations, and removal from office for cause,
the Members of the Board shall hold office until the expiration of the
term of the Council that appointed them subject to the following text
after expiration of that term, however, they shall continue to hold
office, with all rights, duties and authorities vested in them, until
their successors are appointed to office. Subject to the above, the
terms of the Voting Members, shall be as set out in this By -law.
In 2010, Voting Members shall be appointed as follows:
Three (3) Board Members shall be appointed for terms of four (4)
years each; and
Two (2) Board Members shall be appointed for terms of two (2)
• years each.
Thereafter, all appointments shall be for terms of four (4) years.
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Bruce Telecom Policy Amendment By -law
By -law No. 2011 - 028
• vi) Section 2.09 be deleted and the following Section be added:
2.09 Meetings: The Board meetings shall be subject to and in
accordance with the Board's Procedure By -law.
2. That this By -law shall come into full force and effect upon its final
passage.
3. That this By -law may be cited as the "Bruce Telecom Policy Amendment
By -law".
READ a FIRST and SECOND time this 2 day of March, 2011.
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4 ayor Clerk
READ a THIRD TIME and FINALLY PASSED this 2 day of March, 2011.
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a or Clerk
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