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HomeMy WebLinkAbout Municipality of Kincardine 2007 Procedure By-law consolidated version THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE x� r max. �ntmofK BY -LAW NO. 2007 - 070 BEING A BY -LAW TO GOVERN THE CALLING, PLACE AND PROCEEDINGS OF MEETINGS WHEREAS pursuant to Subsection 238 (2) of the Municipal Act, 2001, S.O. 2001, c.25, every municipality and local board shall pass a procedure by -law for governing the calling, place and proceedings of meetings; AND WHEREAS pursuant to Subsection 238 (2.1) of the Municipal Act, 2001, S.O. 2001, c.25, the procedure by -law shall provide for public notice of meetings; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Procedure By -law attached hereto as Schedule "A" and forming part of this by -law, is hereby adopted. 2. That By -law No. 2002 -182, By -law No. 2004 -187, By -law No. 2007- 004 are hereby repealed. 3. This By -law shall come into force and effect the day after its final passage. 4. This By -law may be cited as the "Municipality of Kincardine 2007 Procedure By -law ". READ a FIRST and SECOND TIME this 23 day of May, 2007. IP or Cle READ A THIRD TIME nd FINALLY PASSED this 6 day of June, 2007. r yor Clerk �0ICIPq� Jr � O ff . 1 great energy. \, balanced life. I MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW Consolidated Version (As amended by Resolution # 09/05/07 - 05) (As amended by By -law No. 2009 - 015) (As amended by By -law No. 2011 — 007) (As amended by By -law No. 2011 -050) (As amended by By -law No. 2011 -096) MUNICIPALITY OF KINCARDINE Council Minutes Page 4 Wednesday, September 05, 2007 11.2 Change to Order in Procedure By -law No. 2007 - 070 Resolution # 09/05/07 - 05 Moved by: Ron Hewitt Seconded by: Laura Haight THAT until further review of the Municipality of Kincardine Procedure By -law No. 2007 - 070 is conducted, Council hereby authorizes the scheduling of delegations, where appropriate, at the beginning of the Committee of the Whole portion of Council meetings. Carried. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ,),4-3,T, _ 4,,,,,., ,,,,,t 0 0HILI IN BY -LAW NO. 2009 - 015 BEING A BY -LAW TO AMEND BY -LAW NO. 2007 - 070, THE MUNICIPALITY OF KINCARDINE 2007 PROCEDURE BY -LAW WHEREAS pursuant to Subsection 238 (2) of the Municipal Act, 2001, S.O. 2001, c.25, every municipality and local board shall pass a procedure by -law for governing the calling, place and proceedings of meetings; AND WHEREAS pursuant to Subsection 238 (2.1) of the Municipal Act, 2001, S.O. 2001, c.25, the procedure by -law shall provide for public notice of meetings; WHEREAS the Council of The Corporation of the Municipality passed By -law 2007 - 070 to govern the calling, place and proceedings of meetings: AND WHEREAS Council deems it advisable to amend By -law No. 2007 - 070; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That Section Al Definitions be amended by adding the following: "Sub- Committee" means a Committee that reports to a Standing Committee. 2. That Section C7 Appointments Required to be made by Council by adding the following: C7.2 Resignation of Public Committee Members & Filling of Vacancies 1. A resignation shall be submitted in writing for consideration by Council via the consent agenda. Council may consider declaring a seat vacant in certain circumstances when a resignation is not submitted (ie. excessive absence at Committee meetings, inability to perform duties, etc.). 2. Upon Council accepting the resignation and declaring the seat vacant, the recruitment process shall be as follows: i) Committees /Boards which report directly to Council /Committee of the Whole or Committees that have independent statutory authority The recruitment process shall be as set out in C6. .../2 Page 2 Procedure By -law Amendment (2009) By -law By -law No. 2009 -015 ii) Sub - Committees Members of the subject Committee shall be requested to make recommendations by submitting names of potential candidates to the Clerk. The Clerk shall present the list to the Striking Committee which will prepare a recommendation to Council. If a recommendation is not submitted by the members of the subject Committee within two weeks of the declaration of the vacancy, the process shall be as set out in C6. 3. Council will fill the Committee vacancy by enacting an amendment to the consolidated committee appointment by -law. The term of such appointment is for the remaining term of Council. 3. That this By -law shall come into full force and effect at the time of its passing. 4. That this By -law may be cited as the "Procedure By -law Amendment (2009) By -law ". REA' . r S, d SECOND TIME this 18 day of February, 2009 Aill 41�";;•.`� - Cle rk - '� RE .ii - 01 RD TI i„ and FINALLY PASSED this 18 day of February, 2009 i mpir ,,,,,,gail, Clerk C THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT , *FA a 4 M05, of to BY -LAW NO. 2011 - 007 BEING A BY -LAW TO AMEND BY -LAW NO. 2007 - 070, THE MUNICIPALITY OF KINCARDINE 2007 PROCEDURE BY -LAW WHEREAS pursuant to Section 238 (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, every municipality and local board shall pass a procedure by- law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 11 (2) of the said Act provides that a lower -tier municipality may pass by -laws respecting the governance structure of the municipality and its local boards; WHEREAS the Council of The Corporation of the Municipality passed By -law 2007 - 070 to govern the calling, place and proceedings of meetings; AND WHEREAS Council deems it advisable to amend By -law No. 2007 - 070; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That Procedure By -law No. 2007 - 070 be amended as follows: i) Section B2 Order of Business — Committee of the Whole Meetings be deleted and the following be added: B2 Order Of Business — Committee Of The Whole Meetings The order of business of a regular meeting of Committee of the Whole shall be: (a) Call to Order (b) Items for discussion from Council meeting (c) Delegations (will be heard under appropriate Committee) (d) Corporate Services (e) Planning & Building (f) Public Works (g Economic Development & Tourism (h) Recreation Services (i) Emergency Services (j) Adjournment The order of presentation of Committee reports will be on a rotational basis. .../2 Page 2 Procedure By -law Amendment (2011) By -law By -law No. 2011 - 107 0 0 - r ° ` - ' 414 ii) Section B3 Areas of Responsibility be deleted and the following be added: B3 Policy Areas B3.1 Under the Committee of the Whole System, policy areas are established for Corporate Services, Building & Planning, Public Works, Economic Development and Tourism, Recreation Services, Emergency Services with the Senior Manager as the staff contact. iii) Section B5 Assignment of Council Members to Areas of Responsibility be deleted. iv) Section B6 Committee Schedule be deleted and the following be added: B5.1 The schedule for committee reporting to Committee of the Whole shall be as follows: 1 Wednesday • Public Works • Accessibility Advisory Committee • Emergency Services • Police Services Board • County Council Update • BASWR 2 "d Wednesday • Building & Planning • Corporate Services • Bruce Telecom Board • Westario • Saugeen Valley Conservation Authority 3 Wednesday • Recreation Services • Economic Development and Tourism • Mayor's Update B5.2 Nothing in B5.1 precludes reporting occurring at a meeting other than the indicated schedule. v) Section C7.1 Appointments Required To Be Made by Council be deleted and the following be added: C7.1 Citizens shall be appointed to the following committees for the term of Council pursuant to the Consolidated Appointment By -law: i) CITIZEN VOLUNTEERS Accessibility Advisory Committee Board of Management Business Improvement Area Event Groups • Canada Day • Fish Derby .../3 Page 3 Procedure By -law Amendment (2011) By -law By -law No. 2011 - 1- 07oD` ai,, l • Cruise Night • Doors Open • KincardineTrails Heritage Kincardine Committee of Adjustment/Property Standards Westario Power Kincardine Police Services Board Livestock Valuators Pound Keeper Weed Inspector Fence Viewers Tile Drain Inspectors Bruce Telecom Municipal Service Board vi) Committee of the Whole Design, dated January 12, 2011 and attached hereto as Schedule `A' and forming part of this by -law, be added as Section "C" of Schedule `A'. 2. That this By -law shall come into full force and effect at the time of its passing. 3. That this By -law may be cited as the "Procedure By -law Amendment (2011) By -law ". REA I a FIRST and SECOND time this 12 day of January, 2011. Mayor Clerk '6) READ a THIRD TIME and NALLY PASSED this 12 day of January, 2011. ayor Clerk • THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE El y a t,(8Ty ' Li1Y KPH BY -LAW NO.2011 - 050 BEING A BY -LAW TO AMEND BY -LAW NO. 2007 - 070, THE MUNICIPALITY OF KINCARDINE 2007 PROCEDURE BY -LAW WHEREAS pursuant to Section 238 (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, every municipality and local board shall pass a procedure by- law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 11 (2) of the said Act provides that a lower -tier municipality may pass by -laws respecting the governance structure of the municipality and its local boards; WHEREAS the Council of The Corporation of the Municipality passed By -law 2007 - 070 to govern the calling, place and proceedings of meetings; AND WHEREAS Council deems it advisable to amend By -law No. 2007 - 070; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That Procedure By -law No. 2007 - 070 be amended as follows: i) Section A10 Order of Business — Regular Council Meetings (Planning /Corporate Services Meeting) be replaced with the following: The order of business for Planning /Corporate Services Meetings shall be: (a) Call to Order (b) Roll Call (c) Amendments, Additions or Deletions to /from the Agenda (d) Disclosure of Pecuniary Interest (e) Consideration of By -laws /Motions (f) Public Meetings (Planning Advisory Committee) (g) Committee of the Whole (h) Matters Arising from Planning Advisory Committee /Committee of the Whole (i) Members of Council General Announcements (j) Closed Session if required (k) Matters Arising from Closed Session (I) Schedule of Meetings (m) Notice of Public Meetings (n) Notice of Special Meetings (o) Adjournment Page 2 Procedure By -law Amendment (2) By -law By -law No. 2011 - 050 2. That this By -law shall come into full force and effect at the time of its passing. 3. That this By -law may be cited as the "Procedure By -law Amendment (2) By -law ". READ a FIRST and SECOND time this 6 day of April, 2011. Mayor ` Clerk READ a THIRD TIME and FINALLY PASSED this 6 day of April, 2011. 4 Mayor Clerk 'i 410 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT 0 low hi. BY -LAW NO. 2011 - 096 BEING A BY -LAW TO AMEND BY -LAW NO. 2007 - 070, THE MUNICIPALITY OF KINCARDINE 2007 PROCEDURE BY -LAW WHEREAS pursuant to Section 238 (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, every municipality and local board shall pass a procedure by- law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 11 (2) of the said Act provides that a lower -tier municipality may pass by -laws respecting the governance structure of the municipality and its local boards; WHEREAS the Council of The Corporation of the Municipality passed By -law 2007 - 070 to govern the calling, place and proceedings of meetings; AND WHEREAS Council deems it advisable to amend By -law No. 2007 - 070; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That Procedure By -law No. 2007 - 070 be amended as follows: i) Section B7 Reporting Schedule for Boards /Organizations be added: B7 Reporting Schedule for Groups /Boards /Organizations Group Reporting Frequency Comments Accessibility Advisory Annually As required Airport Service Provider Bi- annually June /December Bruce Area Solid Waste Annually September Recycling (B ASWR) Bruce Telecom Quarterly By -Law #2006 -266 Business Improvement Bi- annually July /November Area (B.I.A.) Heritage Kincardine Annually As required Kincardine Trails Annually As required Penetangore Regional Bi- Annually April /October Economic Development Corporation Kincardine Police Bi- Annually February/August Services Board Saugeen Valley Annually November Conservation Authority (S.V.C.A.) Westario Annually December Physician Recruitment Annually January Page 2 Procedure By -law Amendment (2011) (2) By -law By -law No. 2011 - 096 Please note that the reporting frequencies are minimums and on a case by case basis groups may appear before Council. 2. That this By -law shall come into full force and effect at the time of its passing. 3. That this By -law may be cited as the "Procedure By -law Amendment (2011) (2) By -law ". READ a FIRST and SECOND time this 13 day of July, 2011. �.- `6a Mayor Clerk READ a THIRD TIME and FINALLY PASSED this 13 day of July, 2011. 1 U ayor Clerk 4 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' TABLE OF CONTENTS SECTION "A" Subsection Title Pace Al DEFINITIONS 4 A2 GENERAL 5 A3 QUORUM 7 A4 INAUGURAL MEETING 7 A5 REGULAR MEETING 8 A6 ABSENTEEISM AND LEAVE OF ABSENCE 8 A7 NOTICE OF REGULAR MEETING AND AGENDA 9 A8 SPECIAL MEETINGS 9 A9 COMMENCEMENT OF MEETINGS 10 Al0 ORDER OF BUSINESS 10 All PUBLIC FORUM 11 Al2 MINUTES 12 A13 COMMUNICATION & PETITIONS TO COUNCIL 12 A14 CONSENT AGENDA 12 A15 BY -LAWS 13 A16 DELEGATIONS 14 A17 GENERAL ANNOUNCEMENTS 15 Al8 CLOSED SESSION 15 A19 ADJOURNMENT 16 A20 RULES OF DEBATE AND CONDUCT 16 A21 QUESTIONS OF PRIVILEGE AND POINTS OF ORDER 17 A22 MOTIONS AND ORDER OR PUTTING QUESTIONS 18 A23 VOTING 20 A24 PARLIAMENTARY PROCEDURE 22 A25 SUSPENSION AND AMENDMENT OF RULES 22 A26 RULES SHALL APPLY TO COMMITTEES AND BOARDS 22 PAGE 2 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' TABLE OF CONTENTS SECTION "B" COMMITTEE OF THE WHOLE Subsection Title Page B1 CONSTITUTION 23 B2 ORDER OF BUSINESS — COMMITTEE OF THE WHOLE 23 MEETINGS B3 AREAS OF RESPONSIBILITY 23 B4 RULES OF PROCEDURE 24 B5 COMMITTEE SCHEDULE 25 B6 REPORTING SCHEDULE GROUPS /BOARDS /ORGANIZATIONS 26 SECTION "C" COMMITTEES AND BOARDS Subsection Title Page C1 GENERAL RESPONSIBILITIES OF COMMITTEES 27 C2 DUTIES AND RESPONSIBILTIES OF COMMITTEE CHAIRS 27 C3 NOTICE OF MEETINGS 28 C4 QUORUM 28 C5 MAYOR: EX- OFFICIO MEMBER 28 C6 APPOINTMENTS TO AUTHORITIES, COMMITTEES & BOARDS 28 C7 APPOINTMENTS REQUIRED TO BE MADE BY COUNCIL 29 C8 APPOINTED COMMITTEES TO NAME CHAIR 31 C9 APPOINTMENT OF A SECRETARY 31 C10 REMUNERATION 31 C11 DURATION OF APPOINTMENTS 31 PAGE 3 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' SECTION "A" Al DEFINITIONS A1.1 "Ad Hoc Committee" means a committee appointed to review and report on a specific issue; once the report is delivered, the Ad Hoc Committee is automatically dissolved. A1.2 "Chair" means the person presiding at a meeting. A1.3 "Closed Meeting" means a meeting or part of a meeting closed to the public. A1.4 "Committee" means a group of individuals appointed by Council in an advisory capacity. A1.5 "Local Board" means a local board as defined in the Municipal Affairs Act, except municipal police services boards, library boards, and school boards. A1.6 "Member" means a member of the Council or a Committee, as the case may be. A1.7 "Meeting" means any regular, special, committee or other meeting of a council or local board. A1.8 "Motion" means a question to be considered by the Council or a Committee which is moved, seconded, and presented, read and is subject to debate. When a motion is carried, it becomes a resolution. A1.9 "Municipality" means The Corporation of the Municipality of Kincardine. A1.10 "Recorded Vote" means where a vote is taken for any purpose and a member of Council requests immediately prior to or immediately subsequent to the taking of the vote that the vote be recorded, each member present except a member who is disqualified from voting by any Act shall announce his/her vote openly and any failure to vote by a member who is not disqualified shall be deemed to be a negative vote and the Clerk shall record each vote. A1.11 "Standing Committee" means a committee appointed to review and report on an area of ongoing interest to the Municipality and that continues to do so on an indefinite basis. A.12 "Sub- Committee" means a Committee that reports to a Standing Committee. PAGE 4 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' A2 GENERAL A2.1 Role of Council A2.1.1 To represent the public and to consider the well -being and interests of the Municipality; A2.1.2 To develop and evaluate policies and programs of the Municipality; A2.1.3 To determine which services the Municipality provides; A21.4 To ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council; A2.1.5 To ensure the accountability and transparency of the operations of the Municipality, including the activities of the senior management of the Municipality; A2.1.6 To maintain the financial integrity of the Municipality; and A2.1.7 To carry out the duties of council under the Municipal Act or any other Act. A2.2 Role of Mayor A2.2.1 To act as Chief Executive Officer of the Municipality and as Chief Executive Officer shall: a) uphold and promote the purposes of the municipality; b) promote public involvement in municipality's activities; c) act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; d) participate in and foster activities that enhance the economic, social and environmental well -being of the municipality and its residents. A2.2.2 To preside over council meetings so that its business can be carried out efficiently and effectively; A2.2.3 To provide leadership to the Council; A2.2.4 Without limiting subsection A2.2.3, to provide information and recommendations to the Council with respect to the role of Council described in subsections A2.1.4 & A2.1.5; A2.2.5 To represent the Municipality at official functions; PAGE 5 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' A2.2.6 To carry out the duties of the head of Council under the Municipal Act or any other act; A2.2.7 To act as Council's representative when dealing with other levels of government, their agencies and the private sector; A2.2.8 To serve on the Council of the County of Bruce; A2.2.9 To serve as an ex- officio member of all committee or other bodies established or appointed by Council (the Mayor may vote and otherwise participate, unless prohibited by law, in the business of the committee of other body on the same basis as any other committee member). A2.3 Role of Chief Administrative Officer (CAO) A2.3.1 To exercise general control and management of the affairs of the Municipality for the purpose of ensuring the efficient and effective operation of the Municipality; A2.3.2 To ensure implementation of Council's decisions and establishment of administrative practices and procedures to carry out Council's decisions; A2.3.3 To ensure undertaking of research and provision of advice to Council on the policies and programs of the Municipality; A2.3.4 To carryout such other duties required under the Municipal Act or any other act and other duties assigned by the Council. A2.4 Role of Clerk A2.4.1 Record without note or comment, all resolutions, decisions and other proceedings of the Council; A2.4.2 If required by any member present at a vote, to record the name and vote of every member voting on any matter or question; A2.4.3 To keep the originals or copies of all by -laws and of all minutes of the proceedings of the Council; A2.4.4 To make such minor clerical, typographical or grammatical corrections in form to any by -law, motion or resolution and /or minutes as they may be required for the purpose of ensuring correct and complete implementation of the actions of Council; A2.4.5 To perform any other duties required under the Municipal Act or under any other Act; PAGE 6 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' A2.4.6 To perform such other duties as are assigned by the Council. A2.5 Meetings of Council A2.5.1 Except as provided in Section 18, all meetings shall be open to the public. A2.5.2 The Mayor shall preside at all meetings of the Council. A2.5.3 The Mayor or Chair may expel any person for improper conduct at a meeting. A2.5.4 In the absence of the Mayor, the Deputy Mayor shall assume the responsibilities, and have the powers of the Mayor under this by -law. A2.6 Public Notice A2.6.1 Public notice of meetings will be provided on the municipal website and also in accordance with the Municipality's notice by -law. A3 QUORUM A3.1 A majority of the whole number of members required to constitute the Council shall be necessary to form a quorum pursuant to subsection 237 (1) of the Municipal Act, 2001. A3.2 If the number of members, who by reason of the Municipal Conflict of Interest Act are ineligible to vote, is such that there is no quorum, despite any other Act, any number that is not less than one -third of the total number of members of the council, committee, or board shall be deemed to constitute a quorum, but the number shall not be less than two. A3.3 Unless a quorum is present within fifteen (15) minutes after the time appointed for the meeting of the Council, the Council shall stand adjourned either until a special meeting is called to deal with the matters intended to be dealt with at the adjourned meeting, or until the convening of the next regular scheduled meeting of the Council. A4 INAUGURAL MEETING A4.1 The inaugural meeting of a new Council shall be held in the first Wednesday in December at 5:00 p.m. in the Municipal Council Chambers. In the event it is necessary to cancel the scheduled inaugural meeting, the Mayor -Elect shall decide upon the next suitable date and time for the Inaugural Meeting of Council to be held. PAGE 7 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' A4.2 The inaugural meeting of the new Council shall be opened with a prayer, the officiating clergyman to be selected by the Mayor - Elect. A5 REGULAR MEETINGS A5.1 Except as may be determined under subsection A8.4 hereof, all regular meetings of Council shall be convened in the Council Chambers on the first (1 and third (3 Wednesdays of every month at five o'clock in the afternoon (5:00 p.m.) except during the month of January of each year when the regular meetings of Council shall be convened on the second (2 and fourth (4 Wednesdays. Planning /Corporate Services meetings will also be held at five o'clock in the afternoon (5:00 p.m.) on the second (2 "d ) Wednesday of each month except during the month of January of each year, when the Planning /Corporate Services meeting of Council shall be convened the third (3 Wednesday of the month. A5.2 Despite subsection A5.1, during the months of July and August of each year, there will be a regular meeting convened on the first (1 Wednesday of the month only. A5.3 Where such Wednesday is a holiday within the meaning of the Interpretation Act, the Council shall meet on the business day next following the regular day of the meeting and at the same time as specified in subsection A5.1 above. A5.4 Notwithstanding the provisions of subsection A5.1 and A5.3, where the regular meeting of the Council falls on a day which has been designated as nomination day or Election Day for the holding of municipal elections, the regular council meeting shall be held on the business day next following. A5.5 Regular meetings of Council shall not extend beyond the hour of 8:00 p.m. unless otherwise determined by a vote of the majority of the members present. A5.6 Council may, by by -law, change the regularly scheduled meeting day provided that notice of the change is announced in advance. A5.7 The Council may, by resolution, provide that meetings may be held at a place other than at the Municipal Administration Centre, including an adjacent municipality. A6 ABSENTEEISM AND LEAVE OF ABSENCE A6.1 All members will endeavour to provide substantive notice of such absence to the Clerk at least forty -eight (48) hours prior to the commencement of the meeting from which the member shall be absent. PAGE 8 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' A6.2 Where a member is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council, the office of that member shall be declared to become vacant and procedures as set out in Section 263 of the Municipal Act, 2001 shall apply. A6.3 If a member desires to leave a meeting of Council prior to adjournment, and not return thereto, he/she shall so advise the Mayor at the beginning of the meeting and the time of him /her departure shall be recorded in the minutes. A7 NOTICE OF REGULAR MEETINGS AND AGENDA A7.1 Notice shall not be required to be given of regular meetings of the Council unless the day of the meeting is other than that provided in this by -law. The mailing out or delivery of agendas therefore shall be considered as adequate notice of such regular meetings. A7.2 The Clerk will endeavour to ensure that agendas are delivered to each member of Council not later than forty -eight (48) hours prior to a regular meeting of Council. A7.3 The agenda for a Council meeting will be posted on the municipal website. It will be provided to members of the news media via email and paper copies will be made available to members of the news media and to the public at the time the meeting commences. A7.4 All confidential reports shall be distributed to Council members in paper copy. A8 SPECIAL MEETINGS A8.1 The Mayor or in the absence of the Mayor, the Deputy Mayor, may at any time call a special meeting or upon receipt of a petition of the majority of the members of the Council, the Clerk shall call a special meeting for the purpose and at the time mentioned in the petition. A8.2 At least forty -eight (48) hours notice of all special council meetings shall be given by the Clerk. Such notice shall be hand delivered, transmitted by facsimile or via E -mail, or telephone, to the members of Council. A8.3 At special meetings of the Council, it shall not be competent to consider or decide upon any matter unless such matter has been listed in the notice calling the meeting. A8.4 Special meetings of committees and boards may be called by the Chair if it is considered necessary to do so, and by the Clerk whenever requested in writing to do so by a majority of the members composing such committees. PAGE 9 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' A8.5 Notwithstanding the provisions of subsection A8.2, in the event of a bona fide emergency, a meeting may be held as soon as practicable following receipt of the summons or petition, as the case may be, and notice may be given by telephone, personal contact or e-mail as determined by the Clerk. A9 COMMENCEMENT OF MEETINGS A9.1 Subject to Section A3, as soon after the hour of meeting as there shall be a quorum present, the Mayor shall take the chair and call the members present to order. A9.2 Upon the absence of the Mayor and the Deputy Mayor, the Council may from amongst the members present, appoint a presiding officer, who, during such absence shall assume the responsibilities and have the powers of the Mayor under this by -law. Al0 ORDER OF BUSINESS A10.1 The Business shall in all cases be taken up in the general order in which it stands upon the agenda, unless otherwise determined upon a vote of the majority of the members present, and all questions relating to the priority of business shall be decided without debate. REGULAR COUNCIL MEETINGS The order of business for Regular Meetings of the Council shall be: (a) Call to Order (b) Roll Call (c) Amendments, Additions or Deletions to /from the Agenda (d) Disclosure of Pecuniary Interest (e) Public Forum (f) Adoption of Minutes of Regular and Special Meetings of Council (g) Presentation and Petitions (h) Consent Agenda (i) Communications (j) Reports (k) Motions and Notice of Motions (I) Consideration of By -laws (m) Committee of the Whole (n) Matters Arising from Committee of the Whole (o) Members of Council General Announcements (p) Closed Session if required (q) Matters Arising from Closed Session (r) Confirmatory By -law (s) Scheduling of Meetings PAGE 10 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' (t) Notice of Meetings (u) Notice Pursuant to Notice By -law (v) Adjournment The order of business for Planning /Corporate Services Meetings shall be: (a) Call to Order (b) Roll Call (c) Amendments, Additions or Deletions to /from the Agenda (d) Disclosure of Pecuniary Interest (e) Consideration of By- laws /Motions (f) Public Meetings (Planning Advisory Committee) (g) Committee of the Whole (h) Matters Arising from Planning Advisory Committee /Committee of the Whole (i) Members of Council General Announcements (j) Closed Session if required (k) Matters Arising from Closed Session (I) Schedule of Meetings (m) Notice of Public Meetings (n) Notice of Special Meetings (o) Adjournment SPECIAL COUNCIL MEETINGS The order of business for Special Meetings of Council shall be: (a) Call to Order (b) Roll Call (c) Declaration of Pecuniary Interest (d) Business for which the special meeting is called (e) Adjournment All PUBLIC FORUM A11.1 Members of the public may address Council during this forum on any matter that is for information only or on existing or proposed policies that are within Council's jurisdiction. A11.2 Forum topics shall not include any matter listed on the agenda for the meeting. A11.3 A registry will be available in the foyer of the Council Chambers where individuals, up to a maximum of three (3) at a meeting, may sign in to indicate their intent to address Council. A11.4 A person addressing Council during the public forum shall be limited to a maximum of three (3) minutes. PAGE 11 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' A11.5 Council members will not speak to nor debate on the information presented except for the Chair to acknowledge receipt or for Council to refer to a Committee or provide direction to staff where appropriate. Al2 MINUTES Al2.1 The minutes of such proceedings shall not record any discussion undertaken in the course of a meeting, but shall only record decisions of the Council expressed in resolution form and shall record all such resolutions including those which are affirmatively voted upon by a majority of the Council members present and those motions which are defeated. Al2.2 Presentations, delegations, petitions, and communications received by the Council in the course of a meeting shall only be referred to in a brief and summary manner. Al2.3 The adoption, by resolution, of the minutes of each and every regular and special meeting of the Council shall be subsequently ratified and enacted by confirmatory by -law. A13 COMMUNICATIONS AND PETITIONS TO COUNCIL A13.1 Every communication or petition intended for presentation to the Council must be legibly written, typed or printed and signed by at least one (1) person. The Clerk shall list with the agenda only those communications and petitions received prior to 12 :00 (noon) on the Thursday preceding the regular Council meeting. Correspondence containing obscene or defamatory language shall not be presented to the Council. A13.2 Any person submitting a communication /petition has the option of having it presented to Council or directly to the committee or board having responsibility thereof. A13.3 All communications or petitions addressed to Council within the responsibility of a committee or board shall, upon receipt be referred to that committee or board. Council, through the consent agenda, shall confirm such referrals. If the petition or communication complains of some present, personal grievance requiring an immediate remedy, the matter may be brought into immediate discussion and disposed of forthwith. PAGE 12 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' A14 CONSENT AGENDA A14.1 The Consent Agenda is to deal with items of routine business, departmental statistical reports, administrative by -laws, administrative motions and matters unlikely to be subject to debate by Council. Items on the Consent Agenda will be considered en -masse (with one motion) and without amendment or debate. A14.2 Members of Council, the CAO, or a citizen may request one or more items be removed from the Consent Agenda for separate discussion and action, and this shall be without amendment or debate. A14.3 The content and order of items on the Consent Agenda shall be: 1. Accounts 2. Motions 3. By -laws 4. Statistical Reports 5. Minutes of Committees & Boards 6. Communications Al 5 BY -LAWS A15.1 Every by -law shall have three readings prior to being passed. A15.2 All by -laws shall be introduced by way of one consolidated motion, specifying the title of each of the by -laws and indicating that all by -laws shall be read a first and second time. A15.3 The first and second reading of a by -law shall be decided without amendment or debate. A15.4 After the first and second reading of a by -law, any member of Council may ask to debate the by -law, and that by -law shall be referred to Committee of the Whole under "Items for Discussion from Council" for further debate. A15.5 All other by -laws included in the resolution shall be presented, under separate motion for each, to be read a third time and passed. A15.6 Every by -law when introduced shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act, and shall be complete. A15.7 If Council so determines, a by -law may be taken as read at any stage of its presentation. PAGE 13 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' A15.8 The Clerk shall set out on all by -laws enacted by Council the date of their readings and passage. A15.9 Each and every by -law passed by the Council shall be printed, signed by the Clerk and by the head of Council or presiding officer at the meeting at which the by -law was passed, and shall be sealed with the seal of the Corporation. A15.10 Each and every by -law adopted by the Council shall be filed by the Clerk in the by- law books of the Municipality and shall be indexed and cross - indexed by number and subject matter. A16 DELEGATIONS A16.1 Unless otherwise determined by Council all delegations shall be heard by Council in Committee of the Whole. Council authorizes the scheduling of delegations, where appropriate, at the beginning of the Committee of the Whole portion of Council meetings. A16.2 Delegations will have the option of appearing before Council in Committee of the Whole or directly to a committee or board having responsibility thereof. A16.3 Any person desiring to be heard as a delegation to Council in Committee of the Whole shall submit a request to the Clerk not later than 12:00 p.m. (noon) on the Thursday of the week preceding the day of the meeting and such a request shall clearly state the nature of the business to be discussed and provide a general summary of the information to be presented. A16.4 Delegations addressing Council in Committee of the Whole shall confine their remarks to the business stated in their request to be heard and shall present same in a respectful and temperate manner. A16.5 All delegations within the responsibility of a committee or board shall, upon presentation to Council, be referred to the proper board or committee. No debate shall be allowed on the presentation of any delegation; however, any Council Member may direct questions through the Chair to the delegation and certain directions may be given by Council. A16.6 Council may at its discretion, expressed by resolution adopted by a majority vote of its members present, hear any person in Committee of the Whole. A16.7 Delegations addressing the Committee of the Whole shall be limited to a maximum of ten (10) minutes. PAGE 14 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' A16.8 A delegation, once heard, shall not be entitled to be heard on substantially the same matter for a period of 3 months from the date of first being hear, unless new information is being provided to assist Council /Committee of the Whole in its decision making. Refusal of request to appear as a delegation may be appealed to the Head of Council. A16.9 Delegations will not be scheduled whose subject relates to a matter currently before the courts or administrative tribunals. A17 GENERAL ANNOUNCEMENTS Council members may make announcements, recognize achievements, promote an event or recognize matters of community -wide interest. A18 CLOSED SESSION A18.1 Except as provided in this by -law, all meetings shall be open to the public. A meeting or part of a meeting may be closed to the public if the subject matter being considered is; (a) the security of the property of the municipality or local board; (b) 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 relations or employee negotiations; (e) litigation or potential litigation, including matter before administrative tribunals; (f) advice that is subject to solicitor - client privilege, including communications necessary for that purpose; (g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under the Act. A18.2 A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, or board or other body is designated the head of the institution for the purposes of that Act. A18.3 A meeting of 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 education 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. PAGE 15 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' A18.4 Before holding a meeting or part of a meeting that is to be closed to the public, Council or local board or committee of either of them 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 18.3, the fact of the holding of the closed meeting, the general nature of its subject -matter and that it is to be closed under subsection 239 (3.1) of the Municipal Act, 2001. A18.5 Subject to Subsection A18.6, a meeting shall not be closed to the public during the taking of a vote. A18.6 Despite Subsection A18.5, a meeting may be closed to the public during a vote if, (a) the subject matter falls into a category where a closed session is allowed; and, (b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or local board or committee of either of them or persons retained by or under contract with the municipality or local board. A19 ADJOURNMENT A19.1 A motion to adjourn the Council or adjourn the debate shall always be in order, but not debatable, except: (a) When a member is in possession of the floor; (b) When a recorded vote has been called for; (c) When the members are voting; (d) When it has been decided that the main question shall be put forthwith. A19.2 When a motion to adjourn is defeated, no second motion to the same effect may be made until there has been some intermediate proceeding. A20 RULES OF DEBATE AND CONDUCT A20.1 The Mayor shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the Council. A20.2 Every member, previous to speaking on any question or motion, shall indicate the wish to speak by raising their hand and when so recognized shall address the Mayor. A20.3 When a motion is presented, it shall be read by the Mayor or the Clerk, before debate. PAGE 16 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' A20.4 When two or more members simultaneously indicate a wish to speak, the Mayor shall name the Member to be recognized. When a member is speaking, no other member shall hold discourse which may interrupt or pass between the speaker and the chair. A20.5 Any member may request the question or motion under discussion to be read at any time during the debate, but may not interrupt a member speaking in order to make such a request. A20.6 No member shall speak twice to a question without leave of the Council and shall not speak a second time to the question where another member wishes the floor who has not spoken the first time to the question, except in explanation of a material part of their speech which may have been misunderstood. A20.7 No member shall speak to the same question or in reply for longer than five (5) minutes. A20.8 No member shall speak disrespectfully, or use abusive or unparliamentarily words of expressions in Council. No member shall speak beside the question in debate. No member shall criticize any vote of the Council, except for the purpose of moving that such vote be reconsidered. No person shall breach the rules of the Council, the decision of the Mayor or of the Council, on questions or order of procedure. A20.9 In case any member should breach such rules, the member may be ordered by the Mayor, to refrain from any further comment. In the event such member continues to commit a breach of protocol, he/she will be asked to leave their seat for that meeting. No member shall be permitted to retake their seat at any meeting after being ordered by the Mayor to vacate for committing a breach of any rule or order of the Council, without making an apology and receiving the consent of Council, expressed by a majority of the members present determined without debate. A20.10 The Mayor may leave the chair for the purpose of taking part in a debate or otherwise. The Mayor shall first appoint one member of Council, who has not spoken to the question, to take the chair until the Mayor resumes the chair, after the question has been decided. A21 QUESTIONS OR PRIVILEGE AND POINTS OF ORDER A21.1 Whenever any point, privilege, order or matter of urgency arises, it shall be immediately taken into consideration. PAGE 17 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' A21.2 When the Mayor is called on to decide a point or order of procedure the point shall be stated without necessary comment, and the Mayor or presiding officer shall state the rule or authority applicable. A21.3 When a point of order is raised, or when a member is called or order from the chair, the Mayor shall then decide the point of order. The member may be permitted to explain. The decision of the Mayor shall be final, unless an appeal is made to the Council, in which case the question: "Shall the ruling of the chair be sustained ?" shall be determined without debate by vote. If the appeal is upheld, the chair shall change his /her ruling accordingly. If the appeal is rejected, then the ruling stands. A21.4 Whenever the Mayor is of the opinion that any motion offered to the Council is contrary to the rules of the Council, he /she shall advise the members thereof immediately and quote the rule or authorities applicable. Argument or comment shall not be permitted. A21.5 Where a member considers that his /her integrity or the integrity of the Council has been impugned, the member may as a matter of personal privilege, rise at any time for the purpose of drawing the Mayor's attention to the matter. A22 MOTIONS AND ORDER OF PUTTING QUESTIONS A22.1 Notice shall be given of all motions for introducing new matter, other than a point of order or a matter of urgency, and no motion shall be discussed unless such notice has been given at the regular meeting of the Council, or is filed with the Clerk by 12:00 p.m. (noon) on the Thursday preceding the date of the meeting at which the motion is to be introduced; and the motion shall be printed in full in the agenda for that meeting of the Council and for each successive meeting of Council, until the motion is considered or otherwise disposed. The motion shall be submitted to the Clerk in writing and shall be complete and correct. The presentation of a notice of motion does not require a seconder for the motion until it comes before a meeting for debate. When a motion has appeared on 2 successive Council meeting agendas and not dealt with, it shall be deemed to have been withdrawn and be dropped from the agenda unless Council otherwise decides. A22.2 Resolutions passed and circulated by County of Bruce municipalities shall be presented to Council for consideration. A22.3 The Municipality of Kincardine shall not consider requests for proclamations. PAGE 18 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 • SCHEDULE 'A' A22.4 Any motion may be introduced without notice with the approval of the majority of Council. A22.5 Every motion shall be in writing and when duly moved and seconded and stated by the Mayor or Clerk shall be open for consideration. A22.6 After a motion is moved, seconded, and read aloud it shall be deemed to be in possession of the Council, but may with the permission of the Council be withdrawn at the joint request of the move and seconder at any time before decision or amendment. A22.7 Before a motion is stated, a member of Council may ask if the mover of the motion would accept a change in it, termed a friendly amendment. The mover may either accept or reject the proposed change. If the mover rejects the proposed change, the member suggesting the change can propose an amendment after the motion has been placed before the meeting. If the change is accepted by the mover, the changed motion will be read. Friendly amendments shall not be recorded in the minutes. A22.8 Save as otherwise provided, all amendments to motions: (a) Shall be in writing and seconded; (b) Shall be decided upon or withdrawn before the main question is put forth; (c) Shall not be further amended more than once provided that further amendment may be made to the main question; (d) Shall be relevant to the question; (e) Shall not be received proposing a direct negative to the question; (f) May propose a separate and distinct disposition of a question; (g) Shall be put in reverse order to that in which it is moved; A22.9 A motion for reference, until it is decided, shall preclude all amendment of the main question. If the motion for reference is carried, the main motion and any amendments thereto shall be deemed to be withdrawn. A22.10 When a question is under debate, no motion shall be received except for the following purposes and according to the listed priorities namely: Not Debatable (a) To extend the hour of automatic adjournment. (b) To adjourn the meeting. (c) The main question. (d) To table (indefinite postponement). PAGE 19 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' Debatable (e) To postpone to a definite date. (f) To refer to a committee. (g) To amend. A22.11 At the request of any member present, the Mayor or Chair shall ask: "Shall the main question be voted upon ? ", and with majority vote of the members present that question shall then be voted upon and it shall preclude all amendments or further debate on the main question. A22.12 It shall be the duty of the Mayor or the Clerk, or any member of the Council, whenever it shall be conceived that a motion received and read, may be contrary (ultra vires) to the Municipal by -laws, Provincial or Federal Statutes to apprise the Council thereof, stating the rules, by -laws or statutes which are applicable to the case. A22.13 A motion for the Mayor to leave the chair shall be in order if Council determines that the Mayor is acting in contravention to Section A20 — Rules of Debate and Conduct. The Council may then appoint a substitute and resume the interrupted business. A22.14 Incidental motions in respect of a matter of special privilege, suspension of rules of procedure, adjournment, postponement of the previous question or commitment may be made verbally. A23 VOTING A23.1 Every member present, when a question is put, shall vote thereon unless the member has a pecuniary interest, direct or indirect. When a member has such interest in the question under debate, he /she shall so advise the Council in accordance with the provisions of the Municipal Conflict of Interest Act. The member shall, in instances where the Council is meeting in a closed session, vacate his /her chair and the meeting room until the question is decided, and the Clerk shall duly record the circumstances in the minutes. If any member present persists in refusing to vote except for reasons of such interest, they shall be recorded as voting in the negative on the question before Council. A23.2 Unless disqualified, the Mayor may vote with the other members on all questions. A23.3 The Mayor shall vote with the other members when the majority present request that the Mayor do so and shall vote in all cases where it is necessary to break a tie. A23.4 Any question on which there is an equality of votes shall be deemed to be a negative. PAGE 20 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' A23.5 In cases required by law, and when any member calls for a recorded vote, the surnames of those who vote for and those who vote against the question shall be entered in the minutes. Each member voting for the question shall say "YES" and each member voting against the question shall say "NO ". When recording the "YES" votes and the "NO ", votes the clerk shall call the names of the members in their alphabetical order. The Chair's name shall be called last. Before the results of the vote are announced by the Chair, the Clerk shall read the vote so taken. A23.6 When the question under consideration contains separate and distinct propositions, upon the request of any member, the vote upon each proposition shall be taken separately. A23.7 After any question is finally put by the Mayor or Chair, no member shall speak to the question, nor shall any other motion be made until after the result is declared. The decision of the Mayor as to whether the question has been finally put shall be conclusive. A23.8 After any by -law, resolution, question or matter has been decided except in those situations described in (a) — (h) below, any member who voted thereon with the prevailing side may move for reconsideration. The Mayor shall confirm with the member that the member voted with the majority on the issue in question. EXCEPTIONS (a) A question which can be renewed within a reasonable time. (b) An affirmative vote whose provisions have been partly carried out. (c) An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome. (d) Any vote which has caused something to be done that it is impossible to undo. (e) A vote on a Motion to Reconsider. (f) When the same result can be obtained by some other motion. (g) A motion of indefinite postponement (to lay on the table). (h) When a motion to reconsider is determined by the Chair to be dilatory (causing delay). A23.9 The mover of a motion for the reconsideration of any decided matter shall be permitted to make a brief and concise statement of the reasons which he /she believes justify such reconsideration, without in any way debating the content of the matter. A23.10 If reconsideration of any decided matter is recommended to the Council by a committee or board, or special committee, a brief and concise statement of the reasons therefore may be set forth in the report to Council. PAGE 21 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' A23.11 The effect of a Notice of Motion to reconsider a decided matter is the suspension of all action that depends on the result of the matter proposed to be reconsidered. There shall be no discussion of the decided matter unless and until the motion to reconsider is carried by a majority vote of all the members present. A23.12 No motion or question shall be considered "carried" without the consent of the majority of the members present who have not declared a pecuniary interest, direct or indirect. A23.13 Where a motion or question is "carried" or "defeated" such shall be recorded in the minutes of the meeting. A24 PARLIAMENTARY PROCEDURE A24.1 All proceedings of the Council not specifically provided for in this by -law, shall be dealt with in accordance with ROBERT RULES OF ORDER NEWLY REVISED 10 Edition and in such cases the decision of the Mayor shall be final and accepted without debate. A25 SUSPENSION AND AMENDMENT OF RULES A25.1 Any standing rule, order of Council or provision of this by -law, other than a quorum requirement, may be suspended or amended at or for a particular meeting by resolution of the Council adopted with the unanimous less one consent of all the members present, and voting, provided that the suspension of the rules does not result in a contravention of the Municipal Act. A25.2 Any provision of this by -law, standing rule or order of Council may be amended by a by -law, following publication of notice of the proposed change. A26 RULES SHALL APPLY TO COMMITTEES AND BOARDS A26.1 Where separate Rules of Procedure do not exist for a committee or board, the rules set forth herein shall apply. PAGE 22 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' SECTION "B" COMMITTEE OF THE WHOLE B1 CONSTITUTION All members of the Council shall constitute and fully participate in meetings termed Committee-of-the-Whole at which all substantive matters of concern to the Municipality requiring policy formulation or decision shall be considered for recommendation to Council. B1.1 Committee of the Whole Meetings shall be held as part of the Regular and the Planning /Corporate Services Meetings. B2 ORDER OF BUSINESS — COMMITTEE OF THE WHOLE MEETINGS The order of business of a regular meeting of Committee of the Whole shall be: (a) Call to Order (b) Items for discussion from Council meeting (c) Delegations (will be heard under appropriate Committee) (d) Corporate Services (e) Planning & Building (f) Public Works (g) Economic Development & Tourism (h) Recreation Services (i) Emergency Services (j) Adjournment The order of presentation of Committee reports will be on a rotational basis. B2.1 The order of business referred to may be altered from time to time to permit a more efficient flow of business. B3 POLICY AREAS B3.1 Under the Committee of the Whole System, policy areas are established for Corporate Services, Building & Planning, Public Works, Economic Development and Tourism, Recreation Services, Emergency Services with the Senior Manager as the staff contact. PAGE 23 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' B4 RULES OF PROCEDURE Council Rules of Procedures as set out in Section "A" of this by -law shall apply in Committee -of -the -Whole except that: (a) No Notice of Motion shall be required to introduce new matters at any meeting of the Committee of the Whole, but new matters shall only be so introduced with the approval of the majority of the members present, expressed by a show of hands. B4.1 The rules governing the procedures of the Council and the conduct of members in Council as set out in Section "A" of this by -law shall be observed in Committee of the Whole in so far as they are applicable, except that: (a) Recommendations to Council shall be made by obtaining the consensus of a majority of members present except where the chair deems it necessary to ask for a show of hands to decide a question. B4.2 The number of times of speaking on any question shall not be limited unless a member moves that the call for consensus be asked for. B4.3 No member shall speak more than once except to make an explanation until every member who desires to speak has spoken. B4.4 If a member disobeys the rules of Council or the decision of the committee chair on questions of order or practice, or upon interpretation of the rules of the Council and persists in such disobedience after having been called to order by the committee chair, the committee chair may forthwith call for a consensus of those members present as to whether such member be ordered to leave his /her seat for the duration of the meeting of the Committee of the Whole, but if the member apologizes, the member may, by vote of the Committee, be permitted to retake his /her seat. PAGE 24 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' B5 COMMITTEE SCHEDULE B5.1 The schedule for committee reporting to Committee of the Whole shall be as follows: 1 Wednesday * Public Works • Accessibility Advisory Committee * Emergency Services • Police Services Board • County Council Update • BASWR 2nd Wednesday • Building & Planning • Corporate Services • Bruce Telecom Board • Westario • Saugeen Valley Conservation Authority 3 Wednesday * Recreation Services • Economic Development and Tourism • Mayor's Update B5.2 Nothing in B5.1 precludes Committee reporting occurring at a meeting other than the indicated schedule. PAGE 25 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' B6 REPORTING SCHEDULE FOR GROUPS /BOARDS /ORGANIZATIONS Group Reporting Comments Frequency Accessibility Annually As required Advisory Airport Service Bi- annually June /December Provider Bruce Area Solid Annually September Waste Recycling (B ASWR) Bruce Telecom Quarterly By -Law #2006 -266 Business Bi- annually July /November Improvement Area (B.I.A.) Heritage Annually As required Kincardine Kincardine Trails Annually As required Penetangore Bi- Annually April /October Regional Economic Development Corporation Kincardine Police Bi- Annually February/August Services Board Saugeen Valley Annually November Conservation Authority (S.V.C.A.) Westario Annually December Physician Annually January Recruitment PAGE 26 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' SECTION "C" MUNICIPAL COMMITTEES AND BOARDS C1 GENERAL RESPONSIBILITIES OF COMMITTEES C1.1 It shall be the responsibilities of all Committee of Council: (a) To take into consideration during deliberations and any resulting recommendations the Municipality's policies, strategic plan and budget; (b) To consider and report on any and all matters referred to it by Council; (c) To provide direction and guidance to staff, set priorities and ensure co- ordination among the policies, programs and services of the Municipality; (d) To provide a forum for public participation; (e) To promote accountability. C1.2 All Committees shall have the full authority to exercise or perform any power or duty delegated under this or any other By -law. C1.3 Committees have authority, through and in conjunction with the Administrative Department Head, to proceed with projects approved in the current annual budget. C1.4 Committees shall not recommend the expenditure of any funds not provided for in the current year's budget approved by Council unless their recommendation specifically identifies the expenditure as unbudgeted and further identifies a source of funds for the expenditure. C2 DUTIES AND RESPONSIBILITIES OF COMMITTEE CHAIRS C2.1 To preside over the Committee Meeting. C2.2 To insure that all matters within their specific area of responsibility of policy consideration are put before their committee in a manner which is orderly, timely and complete. C2.3 To review items of business intended for inclusion for Committee agendas. C2.4 To maintain a communication with the Administrative Department Head whose operations fall within their specific area of responsibility in such a manner as to be satisfied that policy items (both decided and/or to be decided) are effectively addressed and followed through upon. PAGE 27 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' C3 NOTICE OF MEETINGS C3.1 The Secretary shall not be required to give notice of regular meetings of committees and boards but the mailing and receipt of the agenda for the meeting shall constitute notice thereof. C3.2 The Secretary shall endeavor to notify all members of meeting cancellations. C4 QUORUM C4.1 The majority of the whole number chosen to comprise any committee, or board, or as otherwise determined by the Council. C5 MAYOR: EX- OFFICIO MEMBER C5.1 The Mayor shall be ex- officio member of all municipal authorities, committees and boards and shall have the same rights and privileges as any of the other members, however does not count for quorum (is not counted in determining the number required for a quorum or whether a quorum is present at a meeting). C6 APPOINTMENTS TO AUTHORITIES, COMMITTEES AND BOARDS C6.1 The Clerk shall cause to be published, prior to the inaugural meeting, a notice for two (2) consecutive weeks in the local press: (a) Advising the public that committees and boards are to be struck. (b) Listing all committees and boards to which appointments of citizens are to be made. (c) Inviting interested citizens to submit their names for consideration for appointment to committees and to which appointments of citizens shall be made. (d) Fix date by which such submissions shall be received. C6.2 After the inaugural meeting, the Mayor shall call a meeting of the Striking Committee to consider the appointment of citizen members to authorities, committees, and boards. C6.3 The Striking Committee shall consist of the Mayor, Deputy Mayor, two (2) other Council members as voting members and the CAO and Clerk as non - voting members to provide administrative support. Council shall appoint the two (2) Council members to the Striking Committee at the inaugural meeting. The Mayor shall be the Chair of the Striking Committee. PAGE 28 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' C6.4 The advertising for the notice referred to in subsection 6.1 and the final date for the receipt of responses to the notice shall be completed by the Clerk prior to the formation of the Striking Committee referred to in subsection C6.3 C6.5 The method of selection of appointees to the committees, and boards requiring, citizen and Council appointments as set out in subsection C7 herein shall be determined by the Striking Committee with recommendations on appointments to Council. C6.6 Should it occur that, after the meeting of the Striking Committee, all appointed positions have not been filled on a committee or board, the Striking Committee shall present its recommendations at the said Council meeting, as far as they could be completed, and Council shall deal with those recommendations. C6.7 All appointments to authorities, committees and boards recommended shall be enacted by by -law. C6.8 If necessary, appointments shall, at subsequent meetings, be made by Council to fill vacancies on a committee or board until such time as all vacancies are filled. C6.9 Council may by resolution establish ad hoc committees, which shall advise the Council on matters assigned or referred to it. C6.10 A committee, which refuses or neglects to give due consideration to any matter assigned to it or before it, may by resolution be discharged of such responsibilities. C6.11 All committees are subject to the control and direction of Council, conditional on compliance with the provisions of other statutes or regulations of Ontario or Canada. C6.12 Each committee shall submit reports solely to the Council on all matters connected with their duties or referred to them by Council. C7 APPOINTMENTS REQUIRED TO BE MADE BY COUNCIL C7.1 Citizens shall be appointed to the following committees for the term of Council pursuant to the Consolidated Committee Appointment By -law. i) CITIZEN VOLUNTEERS Accessibility Advisory Committee Board of Management Business Improvement Area (BIA) Event Groups: • Canada Day • Fish Derby • Cruise Night PAGE 29 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE 'A' • Doors Open • Kincardine Trails Heritage Kincardine Committee of Adjustment/Property Standards Westario Power Kincardine Police Services Board Livestock Valuators Pound Keeper Weed Inspector Fence Viewers Tile Drain Inspectors Bruce Telecom Municipal Service Board C7.2 Resignation of Public Committee Members & Filling of Vacancies 1.A resignation shall be submitted in writing for consideration by Council via the consent agenda. Council may consider declaring a seat vacant in certain circumstances when a resignation is not submitted (ie. excessive absence at Committee meetings, inability to perform duties, etc.). 2. Upon Council accepting the resignation and declaring the seat vacant, the recruitment process shall be as follows: i) Committees /Boards which report directly to Council /Committee of the Whole or Committees that have independent statutory authority The recruitment process shall be as set out in C6. ii) Sub - Committees Members of the subject Committee shall be requested to make recommendations by submitting names of potential candidates to the Clerk. The Clerk shall present the list to the Striking Committee which will prepare a recommendation to Council. If a recommendation is not submitted by the members of the subject Committee within two weeks of the declaration of the vacancy, the process shall be as set out in C6. 3. Council will fill the Committee vacancy by enacting an amendment to the consolidated committee appointment by -law. The term of such appointment is for the remaining term of Council. PAGE 30 MUNICIPALITY OF KINCARDINE PROCEDURE BY -LAW BY -LAW NO. 2007 — 070 SCHEDULE `A' C8 APPOINTED COMMITTEES TO NAME CHAIR Unless otherwise provided by enabling legislation, appointed committees and boards shall, at their first meeting of each year, name or rename a Chair who shall preside at all meetings of such authority, committee, or board and shall preserve order and decorum, subject to all rules of procedure herein before prescribed. C9 APPOINTMENT OF A SECRETARY The Administrative Department Head shall ensure that, at its first meeting, committees and boards where necessary shall appoint a secretary whose responsibility it shall be to: (a) Prepare and distribute agendas and /or notices of meeting. (b) Take the minutes of the meetings. (c) Prepare the minutes of the meetings for signature by the Chair and secretary. (d) Reproduce the draft minutes of meetings and provide a copy within seven days, to the Clerk, for distribution to Council not later than end of day on the Wednesday next preceding a regular meeting of Council. C10 REMUNERATION C10.1 Remuneration for services provided by committee secretaries, in terms of the amount and form of payment shall be determined by Council. C11 DURATION OF APPOINTMENTS C11.1 Where duration of appointments to committees and boards is not prescribed by statute or in separate procedural or constitutional by -laws or regulations, the appointments shall be concurrent with the term of Council. PAGE 31 Schedule 'A' - Section "C" y,�... MUNICIPALITY OF KINCARDINE �---� v � COMMITTEE OF THE WHOLE SYSTEM January 12, 2011 IQNCAR INL Monthly Meeting Requirements Stotutori Appointment leoislotion'Agreement andfor Bylawl A) 3 meetings per month = 3.0 (First three Wednesdays) B.E.A. A. Eodie 1C + 9P B) General Appointment = 1.0 S.V.C.A. R. Coritine M. Leggett 2C C) Specicl Meetings = 0.5 BASWR C. Hewitt 1C Police Services J. Faubert 1C + 1P Meetings per month per Westario Po 1 P Council member = 4.5 ` Bruce Telecom 1M + SP EVENT GROUPS M. Couture 1 R. Roppel A.A.C. 3P FISH DERBY SP CANADA DAY 1 p CHAIR POLICY CHAIR Heritage 7P TRAILS 8P Committee of Adjustment/ CRUISE NIGHTS SP Property Standards 5P DOORS OPEN 5p Compliance Audit Committee 3P CITIZEN APPOINTMENTS COUNCIL LIVESTOCK EVALUATORS 2P J . .„,.— __ POUND KEEPER 1P A. Eadie WEED INSPECTOR 1P L. Kraemer POUCY CHAIR C.O.W., Planning Advisory Committee FENCE VIEWERS 3P P O L I C Y CHAIR and Nuclear Liaison (all of Council) TILE DRAIN INSPECTOR 2P Striking Committee M. Couture + C. Hewitt Mayor + Deputy Mayor NOTES 1. The Building and Planning 11 1/ policy chairperson and the _ - a esc t K. Craig P Public Works policy chairperson R. Coristlne c - c«x+cn Member f will be Council's appointees to Po tcY CHAIR to . mayor i the Inverhuron E.A. Steering POLICY CHAR i Deputy Mayo* i Committee_ 2. These oppointrnents will be reviewed at the two yeor mark of council