Published October 7, 2015
Word Count 39830 words
Reading Time 187 min read

Body: Committee of the Whole Type: Agenda Meeting: Committee of the Whole Date: October 7, 2015 Collection: Council Agendas Municipality: Frontenac County

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Commitee of the Whole Meeting October 7, 2015 – 9:00 a.m. Kingston Frontenac Rotary Auditorium, 2069 Battersea Road, Glenburnie, ON

AGENDA Page

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CALL TO ORDER

ADOPTION OF AGENDA a) That the Agenda for the October 7, 2015 Committee of the Whole meeting be approved.

DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

DEPUTATIONS AND/OR PRESENTATIONS

REPORTS a) 2015-071 Corporate Services Council Compensation Review Recommendation Whereas the Council of the County of Frontenac has recognized compensation practices and expense policies of the County Council have not been reviewed since the expansion of County Council to eight members in 2010; And Whereas the Gazda Consulting Group was retained to address Market Equity and compensation policies objectives for County Council; Now Therefore be it resolved that the Council of the County of Frontenac approves Report 2015-071 and hereby implements the following:

  1. That the Gazda Consulting Group Report – Council Compensation Study be received;

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b)

  1. That the compensation for Frontenac County Council be established at the 50th percentile for the comparator group;

  2. That Council selects Option ______ as described in the report for implementation to commence in the year ______ ;

  3. That the compensation for the position of Deputy Warden be established at 20% above that of a Councillor;

  4. That staff be directed to draft a by-law that reflects the report recommendations expenses and per diem for Council consideration;

  5. That an annual training/seminar allowance for Councillors be established commencing in 2016 in the amount of $______;

  6. That the Council compensation be increased annually based upon the consumer price index;

  7. That Council confirm that one-third of Council’s regular remuneration is to be treated as expenses related to the execution of their duties and the remaining two-thirds of their remuneration as taxable.

  8. That By-law 2011-0004 Schedule A be amended to reflect this resolution

  9. That Council compensation be revisited in 2018. 2015-097 Corporate Services Review of County of Frontenac Procedural By-law 2013-0020 Recommendation Resolved That the Committee of the Whole receive the Corporate Services –Review of the Procedure By-law report; And Further That the Committee of the Whole approve the recommended amendments to By-law No. 2013-0028, as amended outlined in this report; And Further That staff be directed to bring forward for adoption a bylaw amending by-law 2013-0020, being a by-law for governing the calling, place and proceedings of meetings for the County of Frontenac.

RISE AND REPORT a) That the Committee of the Whole rise. And Further That the report of the Committee of the Whole Council be forwarded to County Council for Adoption.

COMMUNICATIONS

NOTICE OF MOTION

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Page

OTHER BUSINESS

PUBLIC QUESTION PERIOD

ADJOURNMENT

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AGENDA ITEM #a)

Report 2015-071 Recommend Report to Council

To:

Warden and Council Members of the County of Frontenac

From:

Kelly J. Pender Chief Administrative Officer

Prepared by:

Kelly J. Pender, Chief Administrative Officer Marian VanBruinessen, Director of Corporate Services/Treasurer

Date prepared:

July 7, 2015

Date of meeting:

July 15, 2015

Re:

Council Compensation Study

Recommendation Whereas¸ the Council of the County of Frontenac has recognized compensation practices and expense policies of the County Council have not been reviewed since the expansion of County Council to eight members in 2010; And Whereas, the Gazda Consulting Group was retained to address Market Equity and compensation policies objectives for County Council; Now Therefore be it resolved that the Council of the County of Frontenac approves Report 2015-071 and hereby implements the following:

  1. That the Gazda Consulting Group Report – Council Compensation Study be received;
  2. That the compensation for Frontenac County Council be established at the 50 th percentile for the comparator group;
  3. That Council selects Option ______ as described in the report for implementation to commence in the year ______
  4. That the compensation for the position of Deputy Warden be established at 20% above that of a Councillor;
  5. That staff be directed to draft a by-law that reflects the report recommendations expenses and per diem for Council consideration;
  6. That an annual training/seminar allowance for Councillors be established commencing in 2016 in the amount of $______; Recommend Report Council Compensation Study July 15, 2015

2015-071 Corporate Services Council Compensation Review

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AGENDA ITEM #a)

  1. That the Council compensation be increased annually based upon the consumer price index;
  2. That Council confirm that one-third of Council’s regular remuneration is to be treated as expenses related to the execution of their duties and the remaining twothirds of their remuneration as taxable.
  3. That By-law 2011-0004 Schedule A be amended to reflect this resolution
  4. That Council compensation be revisited in 2018. Background The purpose of this report is to address the need for a review of compensation for County Council and to modernize policies regarding expenses, including per diems, conferences and special meetings. During the 2015 budget process, Council approved a budget of $8,500 to complete a market equity (M.E.) review for County Councillors. This is the first report of this nature since the restructuring of County Council in 2010. Comment Market Equity The firm of Gazda Consulting Group (GCC) are compensation experts, having completed salary surveys for over 50 Ontario municipalities in the past five years, including two previous compensation reports for the County of Frontenac. GCC are also best practice leaders in compensation management and policy and their expertise was utilized to formulate the recommendations contained in this report. The comparators used for the GCC report is attached, Appendix “A”. A summary of GCC findings is below:  

      

Frontenac County Council size (8) is lower than the median (11) Each Frontenac County Councillor represents on average 2,304 dwellings, vs the median of the group at 1,699 o The County provides services to residents of the City of Kingston (Long Term Care and EMS) which are not accounted for above All Councils provide “base” + per diem compensation (save Dufferin County which does not provide a per diem) The current compensation for the Warden of $17.0K is below the median of $40.4K No Comparator currently pays an additional amount to the Deputy Warden, however the prevailing practice is provide a 20% premium over the Councillor compensation The current compensation for a Councillor of $7.4K is below the median of $17.4K Nearly all Counties have a policy in place to provide for an annual increase in line with non-union staff or to apply CPI The current per diem for a Councillor of $75 is below the median of $150 o Recommendation to apply only to non-scheduled meetings The mileage rate for Councillors is below the median rate

Recommend Report Council Compensation Study July 15, 2015

2015-071 Corporate Services Council Compensation Review

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AGENDA ITEM #a)

 

The median annual training/seminar allowance of the comparator group is $4K Some level of benefit coverage for Councillors is provided in the comparator group. Recommendation is to continue to monitor

The recommendation of the GCC is to phase in the recommendation over a four year period. Staff have also provided Council with the option/costing to implement over a one year period, or to average the Mayor’s and Deputy Mayor’s compensation over a four year period in order to not disadvantage the existing Warden and Deputy Warden. Per Diem Expense Policy for Council The current expense policy for Council will need to be reflected in an appropriate by-law and/policy for Council consideration. A first matter for Council consideration is what types of meetings would be considered part of the “base” compensation and which would be eligible for a per diem? The table below is provided to illustrate this concept.   

Covered in Base Compensation Regularly Scheduled Council/Committee Meetings Scheduled Budget Meetings Meetings associated with a position appointed by Council (e.g., Council Liaison, Meetings with Staff, EOWC Warden) Ceremonial functions attended by the Warden/Deputy Warden representing the Council

 

Per Diem Paid Special meetings of Council/Committee when called by the Warden/Chair Meetings for groups/agencies where the Councillor is the appointee of Council and the group/agency does not pay a per diem Attendance at a conference/convention (from the Council expense budget)

The intent of the increased base is to pay for regular and routine duties associated with the position on Council and to pay a per diem for meetings that are either special circumstances (e.g., and emergency meeting) or extend beyond Council regular business (e.g., a Conference or a meeting of a statutory Board/Committee meeting). Our new per diem assumption is based upon $150/day (or meeting) as follows:

Health Unit Library Youth Justice RULAC Social Housing Rideau Corridor Two Sp Meetings

Recommend Report Council Compensation Study July 15, 2015

2015-071 Corporate Services Council Compensation Review

of

Meetings 10 10 6 4 10 3 2 45

of Individuals

1 1 1 3 1 1 8

$ $ $ $ $ $ $ $

$’s 1,500 1,500 900 1,800 1,500 450 2,400 10,050

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AGENDA ITEM #a)

The addition or deletion of meetings from above list would result in a change to the budget. Per diems for Conferences would be from the Council expenses budget. Further it is recommended that the current practice of receiving Council approval for attendance at Conferences be replaced with an expense budget that can be utilized largely at the discretion of the Council member, with regular reporting to Council and citizens. The table below is provided to illustrate this model. Approved Spending Items (at this discretion of the member)  Conferences, travel, accommodation, meals  Office supplies related to Council business  Connectivity, technology support  Attendance at constituency events  Meetings with other municipalities/ politicians for the purpose of conducting research

Spending Requiring the Approval of Council  Travel outside of Canada  Membership fees

Restricted Spending Political donations Donations or support for community projects  Alcohol  

All expenses and per diems will required the submission of an expense claim that confirms that expenses were in accordance with the approved policy. They will only be checked for numerical accuracy by staff. The one-third tax free allowance treats one-third of Council’s remuneration as expenses related to the execution of their duties and the remaining two-thirds of their remuneration as taxable. As per the Municipal Act, the one-third tax free allowance must be reviewed and approved at least once during each Term of Council. If Council chooses to terminate the one-third tax free allowance it may do so by passing a repealing By-law which would come into effect January 1st of the year after the year in which it was passed. Once a repealing By-law has been passed there are no means available to reinstate the allowance. Sustainability and Strategic Implications The Market Equity and policy components of this report will help ensure that County Council compensation is maintained at the 50th percentile and that expense policies are reflective of best practice. Financial Implications Attached, Appendix “B” to this report are the financial implications for three implementation options for Council consideration, plus the existing cost. Note: the costing in the GCC report is not reflective of all the costs. The tables in the appendix include all the adjustments as noted in the options. Recommend Report Council Compensation Study July 15, 2015

2015-071 Corporate Services Council Compensation Review

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AGENDA ITEM #a)

The three options are described below: Option Option One:

  

  Option Two:  

Option Three:

Description/Discussion Four year phase in for all positions Provides a financial disadvantage for existing 2015 Warden/Deputy Warden Warden/Deputy Warden Averaged over the four year team for each of the four Mayors (i.e., assumes each mayor will serve one term as Warden, One Term as Deputy Warden and two years as a Councillor Councillors phased in as per option one Ensures that no Mayor will be disadvantaged by the timing of the phase in. Assumes all mayors will serve a full term In order to budget for the phase in a separate budget is provided for Council consideration (budget vs actual will show a deficit in years one and two and a surplus over years three and four, but will balance at the end of the four years. No phase in. Implement for 2015

Assuming implementation in 2015, all three of the options will result in a deficit position for the Council budget for 2015. The deficit will fall to the surplus/deficit line of the full County budget and will be dealt with in accordance with our budget policy. It is proposed that under all three options a reconciliation will be required at the end of the year for per diems, while expenses will change effective 2016. Authorizing Signatures Kelly Pender, Chief Administrative Officer

Name of Report Author Title

Marian VanBruinessen, Director of Corporate Services/Treasurer Consultation with the following Managers:

Recommend Report Council Compensation Study July 15, 2015

2015-071 Corporate Services Council Compensation Review

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AGENDA ITEM #a)

Appendix “A” – Gazda Consulting Group Report

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AGENDA ITEM #a)

Existing

Appendix “B” – Financial Summary of Options Existing Compensation and Expenses Per Position/Item Individual Year One Warden (1) $ 17,000 $ 17,000 Deputy (1) $ 7,400 $ 7,400 Councillors (6) $ 7,400 $ 44,400 Per Diems (8) $ 2,250 $ 18,000 Expenses (8) $ 2,741 $ 21,928 Annual Total $ 108,728

Four Year Summary Year Two Year Three $ 17,000 $ 17,000 $ 7,400 $ 7,400 $ 44,400 $ 44,400 $ 18,000 $ 18,000 $ 21,928 $ 21,928 $ 108,728 $ 108,728 4 Yr Total

Year Four Sub Totals $ 17,000 $ 7,400 $ 44,400 $ 275,200 $ 18,000 $ 21,928 $ 159,712 $ 108,728 $ 434,912

Four Year Summary Year Two Year Three $ 29,000 $ 35,000 $ 14,140 $ 17,510 $ 74,400 $ 89,400 $ 10,000 $ 10,000 $ 32,000 $ 32,000 $ 159,540 $ 183,910 4 Yr Total

Year Four Sub Totals $ 41,000 $ 20,880 $ 104,400 $ 518,900 $ 10,000 $ 32,000 $ 157,928 $ 208,280 $ 676,828

Option One

Four Year Phase In For Salaries Per Position/Item Individual* Year One Warden (1) $ 41,000 $ 23,000 Deputy (1)** $ 20,880 $ 10,770 Councillors (6) $ 17,400 $ 59,400 Per Diems (8) $ 1,250 $ 10,000 Expenses (8) $ 4,000 $ 21,928 Annual Total $ 125,098 *Fully Phased In ** 20% above Councillor

Option Two

Four Mayors Averaged - Councillors Phase In Per Position/Item Individual* Year One Mayors (4) $ 41,000 $ 75,125 Councillors (4) $ 17,400 $ 39,600 Per Diems (8) $ 1,250 $ 10,000 Expenses (8) $ 4,000 $ 21,928 Annual Total $ 146,653 *Fully Phased In

Four Year Summary Year Two Year Three $ 75,125 $ 75,125 $ 49,600 $ 59,600 $ 10,000 $ 10,000 $ 32,000 $ 32,000 $ 166,725 $ 176,725 4 Yr Total

Year Four Sub Totals $ 75,125 $ 69,600 $ 518,898 $ 10,000 $ 32,000 $ 157,928 $ 186,725 $ 676,826

Budget for Option Two

Warden/Deputy Warden Averaged - Councillors Phase In (Budget) Per Position/Item Individual* Year One Mayors (4) $ 41,000 $ 53,568 Councillors (4) $ 17,400 $ 39,600 Per Diems (8) $ 1,250 $ 10,000 Expenses (8) $ 4,000 $ 21,928 Annual Total $ 125,096 *Fully Phased In

Recommend Report Council Compensation Study July 15, 2015

2015-071 Corporate Services Council Compensation Review

Four Year Summary Year Two Year Three $ 67,940 $ 82,310 $ 49,600 $ 59,600 $ 10,000 $ 10,000 $ 32,000 $ 32,000 $ 159,540 $ 183,910 4 Yr Total

Year Four Sub Totals $ 96,680 $ 69,600 $ 518,898 $ 10,000 $ 32,000 $ 157,928 $ 208,280 $ 676,826

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Option Three

No Phase In Per Position/Item Individual* Year One Warden (1) $ 41,000 $ 41,000 Deputy (1)** $ 20,880 $ 20,880 Councillors (6) $ 17,400 $ 44,400 Per Diems (8) $ 1,250 $ 10,000 Expenses (8) $ 4,000 $ 21,928 Annual Total $ 138,208 *Fully Phased In ** 20% above Councillor

Recommend Report Council Compensation Study July 15, 2015

2015-071 Corporate Services Council Compensation Review

Four Year Summary Year Two Year Three $ 41,000 $ 41,000 $ 20,880 $ 20,880 $ 104,400 $ 104,400 $ 10,000 $ 10,000 $ 32,000 $ 32,000 $ 208,280 $ 208,280 4 Yr Total

Year Four Sub Totals $ 41,000 $ 20,880 $ 104,400 $ 605,120 $ 10,000 $ 32,000 $ 157,928 $ 208,280 $ 763,048

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AGENDA ITEM #b)

Report 2015-097 Committee of the Whole – Recommend Report To:

Deputy Warden and Committee of the Whole Members

From:

Kelly Pender, Chief Administrative Officer

Prepared by:

Jannette Amini, Manager of Legislative Services/Clerk

Date of meeting:

October 7, 2015

Re:

Corporate Services – Review of County of Frontenac Procedural By-law 2013-0020

Recommendation Resolved That the Committee of the Whole receive the Corporate Services –Review of the Procedure By-law report; And Further That Council approve the recommended amendments to By-law No. 20130020, as amended outlined in this report; And Further That staff be directed to bring forward for adoption a by-law amending bylaw 2013-0020, being a by-law for governing the calling, place and proceedings of meetings for the County of Frontenac. Background At the regular meeting of County Council held July 15, 2015, Council passed the following resolution being Motions, Notice of Which has Been Given, clause (a): a)

Procedural By-law Review

Motion #: 175-15

Moved By: Seconded By:

Councillor Higgins Councillor Vandewal

That Council schedule a Committee of the Whole meeting on October 7, 2015 to specifically review By-law Number 2013-0020 and update accordingly. And Further That Members of Council individually forward any concerns regarding the Procedural By-law to the Clerk to be addressed in the staff report. CARRIED

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AGENDA ITEM #b)

Comment In accordance with the resolution noted above, a memorandum was sent to members of County Council on July 23rd and again on September 14th, 2015, soliciting comments, concerns and/or recommendations with respect to the County of Frontenac Procedural By-law. Comments received by Members of Council are attached to this report as Appendix B. For Council’s consideration, the following is a summary of the proposed amendments to the procedure by-law recommended by staff which incorporates suggestions received by members of County Councillors. A consolidated copy of Procedural By-law 2013-0020 is attached to this report as Appendix A:

  1. Section 1 - Definitions (e) Revise the definition of “Clerk” to “The Clerk of the County of Frontenac as required in the Municipal Act, 2001, and as appointed by By-Law.” This definition would include a deputy clerk as defined under the Act which holds all the powers and duties of the Clerk. Pursuant to section 239(8) of the Act, the Clerk must be present during a meeting of Council. As such, it would be in violation of the Act to have the absence of both the Clerk and Deputy Clerk at a meeting of Council with Council appointing by resolution a department head. (t) Amend the definition of Majority Vote by deleting the last sentence, “The Mayor of South Frontenac’s vote counts as 2 votes” from the Definition. This causes confusion as to the number of votes of the Mayor of South Frontenac outside of Council meetings, such as Advisory Committee meetings where only 1 vote is permitted. Section 22.3, Number of Votes, identifies that the Mayor of South Frontenac shall have 2 votes in a meeting of Council. (v) Amend the definition of Member to address a typographical error, change “1(f)” to “1(h)”. This error was caused during the last revisions to the by-law where other definitions were added which caused definition (f) to move to definition (h) as definitions are placed in alphabetical order. (s) Add a new definition (s) “Integrity Commissioner” to the Definitions as follows: “Integrity Commissioner” means the body authorized by Council to review complaints made with respect to the Code of Conduct for Members of County Council and Committees. The County did not have an Integrity Commissioner during the last review of the by-law. (ll) Amend the definition of Two-thirds majority vote by deleting “The Mayor of South Frontenac would count as 2 votes” to the Definitions. This causes confusion as to the number of votes of the Mayor of South Frontenac outside of Council meetings, such as Advisory Committee meetings where only 1 vote is permitted. Section 22.3, Number of Votes, identifies that the Mayor of South Frontenac shall have 2 votes in a meeting of Council. Renumber Section 1 accordingly.
  2. Section 2 – Application 

Add a new Section 2.2 – Purpose and Intent, to read, The purpose of this By-law is to seek to achieve consensus in an orderly and principled manner and the rules of this By-law are based on the principle that: a) The majority of members have the right to decide;

Recommend Report to Committee of the Whole Corporate Services – Review of County of Frontenac Procedural By-law October 7, 2015

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AGENDA ITEM #b)

b) c) d) e) f)

The minority of members have the right to be heard; All members have the right to information to help make decisions, unless otherwise prevented by law; Members have the right to an efficient meeting; All members have the right to be treated with respect and courtesy; and All members have equal rights, privileges and obligations.

(See appendix B, Comments received from Members of Council) 3. Section 5 – Election of Warden and Deputy Warden 

Add a new Section 5.2, Election of Warden and Deputy Warden, to read “The election of the Warden and Deputy Warden shall be held each year at the December County Council meeting”. This takes into account amendments to the term of office of Warden and Deputy Warden from a four year term to a one year term. Amend Section 5.11 by replacing the word “Chair” with the word “Clerk” as it is the Clerk, as noted in Section 5.2 that conducts the meeting until the Warden is elected.

  1. Section 9 – Quorum for Council 

Amend Section 9.6 to add at the end of the last sentence “provided that such number is not less than two” to comply with the Municipal Conflict of Interest Act.

  1. Section 11 – Order of Business 

Amend 11.1 by deleting “Call to Order”. Under both the Municipal Act and the Procedural By-law, the Clerk is not permitted to include note or comment in the minutes. As such, “Call to Order” is simply to identify in the minutes, the time in which the meeting commenced and this is already noted on the title page under the opening introductory paragraph.

Amend 11.2 be deleting the word “of” after “unresolved” as this is a typographical error.

  1. Section 19 – Motions 

Amend 19.7, last sentence change 18.5 to 19.5. This is a renumbering error that was missed during the last amendments to the By-law when a new section was added.

Amend 19.10 a) by deleting the last sentence “The Mayor of South Frontenac shall have two votes” as the number of votes permitted by the Mayor of South Frontenac is identified under Section 22.3.

  1. Section 22 – Voting 

Amend 22.12 to address re-numbering issues in b) Section 19.4 to 20.4, c) Section 19.10 to 20.10, e) Section 19.3 to 20.3

Recommend Report to Committee of the Whole Corporate Services – Review of County of Frontenac Procedural By-law October 7, 2015

2015-097 Corporate Services Review of County of Frontenac Pr…

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AGENDA ITEM #b)

  1. Section 26 – Committees 

Amend 26.2 to reflect the current Committees of Council.

Amend 26.10 to delete the last sentence “All Committee minutes shall be directed to Council for adoption and shall be signed by the Chair and Secretary at the next Committee Meeting.” Council cannot adopt another Committees minutes given that most are not present at that meeting and as such, cannot confirm that the minutes are a correct reflection of what transpired at the meeting.

Amend 26.11 to delete, “in the Administrative Services Department”. Not only has this department been re-named, typically the department that reports to a Committee also takes the minutes of the meeting, regardless of which department they belong to.

Amend 26.17 to add “of Council” after the first word “Member”

Delete 26.24 – Closed Meetings. Items that fall within the Closed Meeting criteria as set out in Section 239 of the Municipal Act should only be dealt with by Council and not by members of the public.

Points of Discussion Section 3 – Locations, meeting Times and Notice of Regular Meetings of Council Section 3.3 – Council Meeting Dates & Locations. Currently the Procedural By-law requires that regular Council meetings start at 9:00 a.m. unless a closed session is required at which time regular Council would commence at 9:30 a.m. This has led to some confusion by both the members of the Press and the Public as they continue to arrive for a 9 a.m. start time when a closed meeting is schedule. Should Council wish to amend the procedural by-law to have regular meetings starting at 9:30 a.m. would alleviate this confusion. If there is a requirement for closed session, closed session could then commence at 9:00 a.m. The purpose or benefit of having closed session prior to the regular is that the regular meeting, to which the public are permitted to and regularly attend, is not interrupted. Since Council is required to report out in open session the outcomes of a closed meeting, having a closed meeting as the last item of business when the public and press have left does not adhere to the County’s accountability and transparency commitment. Section 22 – Voting Section 22.3 – Number of Votes provides that every member present at a Meeting of Council where a question is put shall have 1 vote except for the Mayor of South Frontenac who shall have 2 votes. Committee of the Whole, although all of Council, is not, under Roberts Rules of Order, a meeting of Council. It is a Committee meeting. As such, when Council moves into Committee of the Whole, the 2 vote exception for the Mayor of South Frontenac does not apply.

Recommend Report to Committee of the Whole Corporate Services – Review of County of Frontenac Procedural By-law October 7, 2015

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AGENDA ITEM #b)

Section 1 and Section 11 Section 1 (b) Briefings and Section 11.3 Briefings, limit briefings by staff or consultants to 10 minutes which is the same time limit that is placed on Deputations. There are times when issues of strategic importance to the County of Frontenac need to be presented at Council or in Committee of the Whole, such as strategic planning, budgets or consultant’s reports where Council input is required and this challenges staff to request that consultants limit their presentations to 10 minutes. Council may wish to consider amending the time limits for Briefings, keeping in mind that staff will continue to use effective presentation skills to limit the time required to present to Council, but recognizing that for some issues, additional time is required. It should be noted that the Province has commenced its mandatory 10 year review of the Municipal Act. Staff suspect major changes, although not as robust as those seen in 2005, will be coming which will require a detailed and more comprehensive review by all municipalities of their Procedural By-laws. Sustainability Implications Good governance is critical to the sustainability of a community. A Procedure By-law that provides the necessary framework to guide members of council fairly and courteously through meetings of council and committees aids good decision-making. Financial Implications There are no financial implications directly associated with the adoption of a revised procedure by-law. Organizations, Departments and Individuals Consulted and/or Affected County Council Senior Leadership Attachments Appendix A Consolidated copy of By-law 2013-0020 Appendix B Comments received from Members of Council Appendix C Staff response to Comments received from Member of Council

Recommend Report to Committee of the Whole Corporate Services – Review of County of Frontenac Procedural By-law October 7, 2015

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AGENDA ITEM #b) Appendix A

BY-LAW NO. 2013-0020 OF THE CORPORATION OF THE COUNTY OF FRONTENAC being a by-law to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the Act) provides that Council shall pass a procedure by-law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238 (2.1) of the Act provides that the procedure by-law shall provide for public notice of meetings; AND WHEREAS By-law No. 2010-0028, being a bylaw to provide for governing the proceedings of the Council, the conduct of members and the calling of meetings was adopted by The Corporation of the County of Frontenac on November 17, 2010; AND WHEREAS The Corporation of County of Frontenac deems it expedient to repeal By-law No. 2010-0028 and all amendments thereto; NOW THEREFORE the Council for The Corporation of the County of Frontenac hereby enacts as follows:

  1. That the proceedings of all Council and Committee meetings, the conduct of members and the calling of meetings shall be in accordance with the procedures and rules as set out in Schedule A attached hereto and forming part of this bylaw;
  2. That By-law No. 2010-0028 and any amendments thereto are hereby repealed;
  3. That By-law No. 2012-0021 being a by-law to establish a Finance Committee and any amendments thereto are hereby repealed;
  4. That By-law No. 2011-0007 being a by-law to establish a Sustainability Advisory Committee and any amendments thereto are hereby repealed;
  5. That By-law No. 2011-0020 being a by-law to establish a Trails Advisory Committee and any amendments thereto are hereby repealed;
  6. That By-law No. 2011-0008 being a by-law to establish a 150th Anniversary Planning Advisory Committee and any amendments thereto are hereby repealed;
  7. That By-law No. 2011-0006 being a by-law to establish a Green Energy Task Force Advisory Committee and any amendments thereto are hereby repealed; By-law No. 2013-0020 –County of Frontenac Procedure By-law May 15, 2013

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  1. That By-law No. 2011-0022 being a by-law to establish a Joint Accessibility Advisory Committee and any amendments thereto are hereby repealed;
  2. That this by-law shall come into force and take effect on the date of final passing. Read a First and Second Time this 15th day of May, 2013. Read a Third Time, Signed, Sealed and Finally Passed this 15th day of May, 2013. The Corporation of the County of Frontenac

Janet Gutowski, Warden

K. Elizabeth Savill, Clerk

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Consolidated Copy Amendments Title

By-law No. 2013-0024 to Appoint members to various Committees 2014-0003 Establishment of a Seniors Task Force 2014-0007 Township appointments to the Seniors Housing Task Force 2014-0012 Township appointments to the Seniors Housing Task Force 2014-0019 Updates and Housekeeping amendments 2014-0033 Term of Appointments to Committees 2014-0037 Schedule C5 – Youth Advisory Committee 2015-0002 Amendments to Procedural by-law 2015-0003 Change of Composition, 150th Anniversary Planning Advisory Committee 2015-0016 to amend By-law No. 2013-0020 (Trails Advisory Committee Mandate) 2015-0029 to establish the Community Development Committee

Date of Passage May 15, 2013 Jan. 15, 2014 Feb. 19, 2014 Mar. 19, 2014 Apr. 16, 2014 Jul. 16, 2014 Sep. 17, 2014 Jan. 21, 2015 Jan. 21, 2015 Mar. 18, 2015 July 15, 2015

Committee Appointments 2015-0005 2015-0017

2015-0021

To Appoint Council & Comm. Members to Advisory Committees to Appoint Members of Council and Members of the Community to Frontenac County Advisory Committees for the Term of Council (SHTF and TAC) being a by-law to appoint Members of Council and Members of the Community to Frontenac County Advisory Committees for the Term of Council

Jan. 21, 2015 Mar. 18, 2015

Apr. 15, 2015

Office Consolidation – April 16, 2015

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CORPORATION OF THE COUNTY OF FRONTENAC BY-LAW NO. 2013-0020 – SCHEDULE A PROCEDURE BY-LAW INDEX

  1. .. Interpretation ……………………………………………………………………………………….. 6-8
  2. .. Application …………………………………………………………………………………………… 8-9
  3. .. Locations, Meeting Times and Notice of Regular Council Meetings ………………… 9
  4. .. Membership on Council ……………………………………………………………………….. 9-10
  5. .. Election of Warden ……………………………………………………………………………. 10-11
  6. .. Meetings of Council …………………………………………………………………………… 11-13
  7. .. Special Meetings of Council ……………………………………………………………………. 13
  8. .. Emergency Meetings of Council ………………………………………………………….. 13-14
  9. .. Quorum for Council ……………………………………………………………………………….. 14
  10. Agenda ………………………………………………………………………………………………… 14
  11. Order of Business ……………………………………………………………………………… 14-15
  12. Council Minutes …………………………………………………………………………………….. 16
  13. Duties of the Warden …………………………………………………………………………. 16-17
  14. Duties of the Deputy Warden………………………………………………………………. 17-18
  15. Duties of Members ……………………………………………………………………………. 18-19
  16. Disclosures of Pecuniary Interest …………………………………………………………….. 19
  17. Deputations and/or Presentations ……………………………………………………….. 19-20
  18. Rules of Debate …………………………………………………………………………………….. 21
  19. Motions ……………………………………………………………………………………………. 21-23
  20. Specific Motions ……………………………………………………………………………….. 23-24
  21. Notices of Motion …………………………………………………………………………………… 25
  22. Voting ……………………………………………………………………………………………… 25-27
  23. Public Question Period …………………………………………………………………………… 27
  24. Other Business ……………………………………………………………………………………… 27
  25. By-Laws …………………………………………………………………………………………… 27-28
  26. Committees ……………………………………………………………………………………… 28-32
  27. Amendment to the By-law ………………………………………………………………………. 32 By-law No. 2013-0020 – County of Frontenac Procedure By-law May 15, 2013

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  1. Conflict ………………………………………………………………………………………………… 32
  2. Advisory Committees of County Council – Schedule B …………………………… 33-42 Schedule B1 – Joint Accessibility Advisory Committee …………………………… 33-34 Schedule B2 – Trails Advisory Committee ……………………………………………. 35-36 Schedule B3 – Sustainability Advisory Committee ……………………………………… 37 Schedule B4 – 150th Anniversary Planning Advisory Committee………………. 38-39 Schedule B5 – Service Delivery and Organization Review Committee ………….. 40 (Repealed by By-law 2014-0019 passed April 16, 2014) Schedule B5 – Seniors Housing Task Force …………………………………………. 41-42 Schedule B6 – Community Development Advisory Committee ………………… 43-44
  3. External Boards and Committees – Schedule C ……………………………………. 45-46 Schedule C1 – Kingston Frontenac Public Library Board …………………………….. 45 Schedule C2 – Kingston, Frontenac, Lennox & Addington Public Health, Board of Health ……………………………………………………………….. 45 Schedule C3 – Rural/Urban Liaison Advisory Committee (RULAC) ………………. 45 Schedule C4 – Algonquin Land Claim Municipal Advisory Committee …………… 45 Schedule C5 – Frontenac County Youth Justice Advisory Committee ………. 45-46 Schedule C6 – Rideau Corridor Landscape Strategy Steering Committee …….. 46 Schedule C7 – Housing and Homelessness Advisory Committee…………………. 46
  4. Schedule D – Council Liaisons ………………………………………………………………… 47

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  1. Interpretation Use of Pronouns Headings

1.1 1.2 1.3

Definitions

Throughout this by-law, the words “he” and “his” shall, where appropriate, be deemed to read “she” and “her” Headings are inserted in this by-law for ease of reference only and are not to be used as interpretation aids In this by-law: (a) “Agenda” means the Order of the Day (b) “Briefings” A verbal update to County Council or Committees of County Council by County Staff or consultants to the County or someone with expertise who has been invited by County Council or Committee; briefings are limited to 10 minutes (c) “CAO” means the Chief Administrative Officer of The Corporation (d) “Chair” means the person presiding at a meeting (e) “Clerk” means the Clerk of The Corporation, or the Deputy Clerk acting in the Clerk’s absence or, in the absence of both the Clerk and the Deputy Clerk, another Department Head appointed by Council resolution, except in the context of Committee activities where the Clerk may delegate responsibility to another member of County staff (f) “Closed Meeting” means a meeting or a part of a meeting of Council or a Committee, which is not open to the public in accordance with the Municipal Act, 2001 and any amendments thereto (g) “Closed Meeting Investigator” means the body authorized by Council to investigate requests for a closed meeting investigation (h) “Committee” means any standing committee, subcommittee, advisory committee or task force established by County Council (i) “Committee Chair” means the person presiding at a Committee meeting (j) “Committee of the Whole” means a meeting of Council at which the rules in this by-law with respect to the number of times a member may ask a question or speak to an issue do not apply, with the exception to Delegations (k) “Committee Vice-Chair” means the Vice-Chair of a Committee, who shall act in the Chair’s absence (l) “Council” means the Council of the Corporation (m)“Corporation “means the Corporation of the County of Frontenac (n) “Deputant” means the presenter for the deputation in attendance at a Council or Committee meeting

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(o) “Deputation” means an address to Council or Committee made at the request of a person wishing to speak (p) “Deputy Warden” means the position appointed to fulfill the responsibilities of the Warden in his absence (q) “Ex Officio” means the Warden who by virtue of office shall be a member of all Committees and shall have the same rights and privileges as other members of the respective committee (r) “Holiday” means: New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Christmas Day, Boxing Day (s) “In Writing” means handwritten, typewritten or electronically displayed (t) “Majority Vote” means an affirmative vote of more than one half of the Members present and voting. The Mayor of South Frontenac’s vote counts as 2 votes. (u) “Meeting” means a majority of the Members of Council or Committee that comes together for the purpose of exercising the power or authority of the Council or Committee or for the purpose of doing the groundwork necessary to exercise that power or authority (v) “Member” means a Councillor of the Corporation and for Committees as defined in 1(f), shall mean a person appointed to the Committee (w) “Minutes” means a record, without note or comment, of all resolutions, decisions and other proceedings of Council and Committee Meetings (x) “Motion to Call the Question” means a motion to close debate and bring Council to a vote on a pending question (y) “Motion to Defer” means a motion to delay consideration of a matter until later in the same meeting or to a future meeting of Council or a Committee (z) “Motion to Receive” means a motion to acknowledge the particular item, report or recommendation under consideration and to have it placed in the records of Council with no additional action being taken (aa) “Motion to Refer” means a motion to dispose of a question under consideration, with or without any proposed amendment, in order to seek consideration by, and, if deemed desirable, one or more reports from any designated committee, body or official (bb) “Motion to Table” means a motion to postpone without setting a definite date as to when the matter will be considered again (cc) “Pecuniary Interest” means a direct or indirect By-law No. 2013-0020 – County of Frontenac Procedure By-law May 15, 2013

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pecuniary interest of a Member of Council within the meaning of the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as amended (dd) “Point of Order” means a question by a Member with a view to calling attention to any issue relating to the Procedure By-law or the conduct of Council’s business or in order to assist the Member in understanding Council’s procedures, making an appropriate motion, or understanding the effect of a motion (ee) “Point of Privilege” or “Personal Privilege” means a question by a Member who believes that another Member has spoken disrespectfully towards that Member or another Member or who considers that his integrity or that of a Member or County official has been impugned or questioned by the Member (ff) “Present” means physically in attendance at the meeting (gg) “Presentation” means an address to Council or Committee at the request of Council, a Committee or staff (hh) “Quorum” as it relates to Council and its Committees means a majority of the members (ii) “Recorded Vote” means a written record to be included in the minutes of the meeting of the name and vote of every Member voting on any matter or question (jj) “Resolution” means the decision of Council or its Committees on any motion (kk) “Time Sensitive Items” means those items on the agenda or addendum where action must be taken prior to the next regularly scheduled meeting of County Council; (ll) “Two-thirds majority vote” means an affirmative vote of at least two-thirds of the Members present. The Mayor of South Frontenac would count as 2 votes. (mm) “Warden” means the Head of Council of The Corporation 2. Application 2.1 General

2.2 Statutory Requirements

The rules of procedure set out in this by-law shall govern all proceedings of Council and its Committees. Any part or parts of this by-law may be suspended, by resolution clearly indicating the purpose and intent of the suspension, if agreed upon by two-thirds majority vote of the Members present, provided the motion is in order. Notwithstanding anything in this by-law, where Council or a Committee convenes for the purpose of holding a meeting as required by any statute, the provisions of the statute and the Statutory Powers Procedure Act, as

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Rules of Order not Covered

Date of Inaugural Session

Clerk to Act as Chair

Council Meeting Dates & Locations

applicable, shall govern the proceedings. Any provision not made in this by-law shall be decided in accordance with Robert’s Rules of Order and the Chair shall submit the ruling without debate. 3. Locations, Meeting Times and Notice of Regular Meetings of Council 3.1 The Council shall, in accordance with this by-law, hold its first Meeting on the third Wednesday in December at 9:00 a.m., unless otherwise directed by a resolution of Council. 3.2 The election of Warden and Deputy Warden shall be the first Agenda items of the inaugural Meeting of Council, and the Clerk shall act as Chair until the Warden and Deputy Warden are elected. (Amended by By-law 2014-0019 passed April 16, 2014) 3.3 Subsequent regular Council Meetings, not otherwise specially provided for, shall be held on the third Wednesday of each month at 9:00 a.m. unless a closed meeting is required at which point regular meetings shall commence at 9:30 a.m.at the County Administrative Offices, 2069 Battersea Road, Glenburnie unless otherwise directed by a resolution of Council. 2.3

3.4

Notice to Members

3.5 Notice to Media, Constituent Municipalities and Public

No regular Council meeting shall be held in August. (Amended by By-law 2014-0019 passed April 16, 2014) Notice of regular Meetings, including agendas, minutes, and supporting documents shall be provided via electronic mail by the Friday preceding the date of the Council Meeting. Alternative formats shall be made available upon request of the member. Notice may be provided by telephone or personal contact in case of an emergency. Notice of regular Meetings shall be given by posting agendas and supporting documentation on the County’s web site. In the event an agenda is amended, it shall be reposted as an amended agenda. To meet accessibility needs, alternative formats shall be made available upon request.

  1. Membership on Council 4.1 Certificate of Election 4.2 Declaration of Office

No person shall take a seat on Council until the Clerk has received the certificate of election from the Clerk of the lower tier municipality as established by Section 232 of the Municipal Act, 2001 and amendments thereto. In accordance with the provisions of Section 232 of the Municipal Act, 2001 and amendments thereto, no person shall take a seat on Council until the person takes the Declaration of Office in the form established by the

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4.3

Appointment of Alternate Member

Minister for that purpose. The Clerk shall administer the Declarations of Office. Pursuant to Section 267 of the Municipal Act, 2001 and amendments thereto, if a Member of County Council is unable to act as a Member of County Council for a period exceeding one month, the local municipal council may appoint one of its Members as an Alternate Member of County Council to act in place of the Member until the Member is able to resume acting as a Member of County Council. The Alternate Member shall not take his seat on County Council until the Clerk of the County has received a certified copy of the appointment by-law passed by the lower tier municipality naming the Alternate.

  1. Election of Warden and Deputy Warden 5.1 Term of Office Eligibility to hold office of Warden and Deputy Warden Presiding Officer Nominations Candidates Stand for Election

5.2

5.2 5.3 5.4

5.5 Nominators to Speak 5.6 Candidates to Speak Secret Ballot

5.7 5.8

Number of Votes 5.9 Tie for Lowest Member of Votes

The term of office of the Warden and Deputy Warden shall be 1 year unless re-elected to remain in Office by Council. Only the Mayors of the Townships are eligible to hold the office of Warden and Deputy Warden. The election of the Warden shall be conducted by the Clerk. Nominations shall be received until Council by Motion closes the nominations. Once nominations have been closed, the Clerk shall determine the willingness of each candidate nominated to stand for election. Each mover and seconder of those candidates who stand for election shall be entitled to speak once in support of their candidate for a maximum of five minutes. Each candidate who stands for election may make a presentation to Council, not to exceed five minutes in duration. The election of the Warden shall be by secret ballot under the authority and the direction of the Clerk. Pursuant to Section 233 of the Municipal Act, 2001 and amendments thereto, for the purposes of election of Warden, each Member of County Council shall have one vote. If no candidate for Warden receives a majority of the votes cast, the candidate receiving the fewest votes shall be eliminated from the next secret ballot. In the case of a tie for the fewest votes, there will be a second vote of the candidates that tied to determine which candidate will be eliminated from the ballot.

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5.10 Equality of Votes

5.11 Acclamation of Warden Election of Deputy Warden Destruction of Ballots

5.12 5.13

In the case of an equality of votes for Warden, the successful candidate shall be determined by the Clerk placing the names of the candidates on equal size pieces of paper in a receptacle and one name shall be drawn by a person named by the Clerk. The successful candidate shall be the one whose name was drawn. Where only one person is nominated for Warden and nominations have been closed by resolution, the Chair shall declare that person elected to the office in question, by acclamation. The same process shall be followed for the election of the Deputy Warden as for the Warden. All ballots shall be destroyed by shredding them following the election of Warden and Deputy Warden.

  1. Meetings of Council 6.1

Protocols for Beginning Session

Clerk to be in Attendance at all Meetings of Council

6.2

6.3 Recording of Council Meetings

6.4

Committee of the Whole

6.5

At the hour appointed, when a Quorum is present, the Warden shall take the Chair and call Council to order. The Clerk shall record in the minutes attendance of Members of County Council, County Staff, Members of Township Councils, Township Staff and Media. If a Member of Council arrives late or leaves before final adjournment, the Clerk shall note the time of arrival or departure in the minutes. The Clerk shall be in attendance at all times for a Meeting of Council to be properly constituted. In addition, the Clerk shall be free of potential conflicts and independent of the proceedings. Members of the public, including accredited and other representatives of any news media, may use cameras, recording equipment, television cameras, and any other devices of a mechanical, electronic, or similar nature to transcribe or record Council Meetings. These devices may not be used in such a way as to obstruct the proceedings of the Meeting. Council may meet as Committee of the Whole to consider any matter it decides. Council may meet as Committee of the Whole during a regular Meeting of Council if included on the agenda. Council may meet as Committee of the Whole during a regular Meeting when it is not included on the agenda by way of motion and a 2/3 vote of the members who are present and voting. Council may also hold a separate Meeting to meet as Committee of the Whole should the need arise. If a separate meeting is required, Committee of the Whole meetings will be held on the first Wednesday of the month. Repealed by By-law 2015-0002

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6.6

Closed Meetings

6.7 Written Resolution for Closed Meetings 6.8

Introducing New Business at a Closed Meeting

Closed Meeting Documentation to

6.9

All regular and special Meetings of Council shall be open to the public, except that a Meeting or part of a Meeting may be closed to the public if the subject matter being considered relates to: 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 matters before administrative tribunals, affecting the municipality or local board; 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 another Act; h) The Meeting is held for the purposed of educating or training the members and 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. 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 is the head of the institution for the purposes of the Act. A written resolution outlining the general nature of the subject matter is required before going into a closed Meeting and in the case of a closed Meeting held under 6.5(h), the resolution shall state the general nature of the subject matter to be discussed. If a member of Council wishes to introduce new business at a closed Meeting, it must be introduced in open session at the confirmation of the agenda. When the Council resolves into a closed session, the Council member advise on the nature of the new business and the County Council, by majority vote, will determining if the matter will be dealt with in the closed session. No debate on the issue will take place until the motion to deal with the new business has been decided in the majority. All information, documentation and/or deliberations received, reviewed or taken in a closed Meeting,

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Remain Confidential Closed Meeting Investigations

6.10

including agendas and minutes shall, remain confidential and shall not be released to the public. Upon receipt of a request for a closed Meeting investigation, the Clerk shall refer the matter to the Closed Meeting Investigator.

  1. Special Meetings of Council Warden’s Request

7.1 7.2

Request by Members Responsibility for Notice

7.3 7.4

Minimum Notice Items of Business

7.5 7.6

Validity of Meeting 7.7 Notice to Media, Constituent Municipalities and Public 7.8 Joint Council Meetings

The Warden may, at any time summon a Special Meeting of Council. The Clerk shall, upon receipt of a written petition of the majority of the Members, call a Special Meeting for the purpose and time mentioned in the petition. The Clerk shall provide all Members with at least fortyeight (48) hours notice of a Special Meeting. Minimum Notice shall consist of a telephone message to all Members followed by an electronic Notice and Agenda. The only business to be dealt with at a Special Meeting is that which is identified in the Notice of the Meeting. The lack of receipt of a Notice or of an Agenda for a Special Meeting by any Member shall not affect the validity of the Meeting or any action taken thereat. Notice for Special Meetings of Council shall be posted as soon as practical after being established on the County’s web site. Agendas and supporting documentation shall be posted as soon as practical prior to the Special Meeting and in the event an agenda is amended, it shall be re-posted as an amended agenda. County Council may host a joint Meeting of the constituent lower tier Municipal Councils and County Council for a topic(s) that is common to all municipalities within the County. These Meetings shall be considered Special Meetings of County Council and procedural rules as outlined in this by-law shall apply.

  1. Emergency Meetings of Council 8.1 Warden’s Authority

8.2 Items of Business

Notwithstanding any other provision of the By-Law, an Emergency Meeting to deal with an emergency or extraordinary situation may be called by the Warden without written notice, provided that an attempt has been made by the Clerk to notify the Members about the Meeting as soon as possible and in the most expedient manner available. No business except business dealing directly with the emergency or extraordinary situation shall be considered at the Emergency Meeting.

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8.3 Validity of Meeting Notice to Media and Public

8.4

The lack of receipt of a Notice or of an Agenda for an Emergency Meeting by any Member shall not affect the validity of the Meeting or any action taken thereat. Notice and supporting documentation shall be posted on the County’s web site as soon as practical.

  1. Quorum for Council 9.1 Quorum – Council 9.2 No Quorum at Beginning

Loss of Quorum During Meeting

9.3

9.4 No Quorum Possible

Responsibility of Notice

9.5 9.6

Municipal Conflict of Interest Act

Quorum as it relates to Council shall consist of a majority of the members. (Quorum for Frontenac County Council is 5 members) If a quorum is not present at a scheduled Meeting fifteen (15) minutes after the scheduled commencement time, the Meeting shall stand adjourned until the date of the next regular Meeting and the Clerk, shall record the names of the Members present. If a quorum is lost during a Meeting then the Meeting shall stand adjourned and all unfinished business shall be carried forward to the next Meeting. Should it become known in advance of a regularly scheduled or special Meeting of Council that a quorum of members will not be present, or due to inclement weather, the Warden shall cancel the Meeting and reschedule it for the earliest possible time. The Clerk shall provide all Members with at least fortyeight (48) hours notice of a rescheduled Meeting. Notwithstanding Section 9.3, where the number of Members, who by reason of the provisions of the Municipal Conflict of Interest Act, are prohibited from participating in a Meeting is such that, at that Meeting, the remaining Members are not of sufficient number to constitute a quorum, then the remaining number of Members shall be deemed to constitute a quorum.

  1. Agenda 10.1 General

Agenda Items due to Clerk

10.2

The Clerk, in consultation with the Warden, shall have prepared and delivered to the Members a minimum of five days prior to the Meeting of Council an electronic agenda, including staff reports, by-laws and background information, for their review and consideration in accordance with Section 3.4 of this By-Law. All items of business for the agenda of a regular Meeting of Council shall be received by the Clerk’s Department by 4:00 p.m. 12 days prior to the date of the meeting.

  1. Order of Business 11.1 Agenda Order

The business of Council shall be taken in the order in which it stands upon the agenda as follows:

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11.2 Unfinished Business

11.3

Briefings

Call to Order Closed Meeting Adoption of the Agenda Disclosure of Pecuniary Interest and General Nature Thereof

(Amended by By-law 2015-0002 passed January 21, 2015) When any business matter from an agenda is left unresolved of at the time of adjournment, either for want of a quorum or otherwise, such business shall be taken up in succession at the next Meeting of the Council as unfinished business, or at a Special Meeting of Council as summoned by the Warden pursuant to Section 7.1. Briefings are allowed at the beginning of the Meeting or when the issue arises on the agenda. Briefings are limited to 10 minutes, unless an extension has been recommended by the Chief Administrative Officer due to the importance of the subject and approved by Council by a simple majority. (Amended by By-law 2014-0019 passed April 16, 2014)

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  1. Council Minutes 12.1 Minutes Content 12.2

Adoption of Minutes

The minutes of Council as taken by the Clerk, shall consist of a record of all proceedings taken in the Council and pursuant to the Municipal Act, 2001 and any amendments thereto, shall be without note or comment. Minutes of all open Meetings of Council shall be adopted at the next regular Meeting of Council and the Warden and Clerk shall then sign such minutes. Minutes of all closed Meetings of Council shall be adopted at the next closed Meeting of Council and the Warden and Clerk shall then sign such minutes. Members of County Council may ask questions of clarification of the minutes.

  1. Duties of the Warden 13.1

Responsibilities

13.2 Expulsion Warden to Participate

13.3

In addition to the responsibilities of the head of council as set out in the Municipal Act, 2001 and any amendments thereto, it shall be the duty of the Warden: a) To preserve order and decorum and decide all questions of order, subject to an appeal to the Council b) To receive and submit, in the proper manner, all motions presented to the Members of the Council c) To put to vote all questions which are properly brought before Council or necessarily arise in the course of proceedings, and announce the results d) To rule on all procedural matters, without debate or comment e) To decline to put to a vote motions which do not comply with the rules of procedure, or which are not within the jurisdiction of Council f) To restrain the Members, within the rules of order, when engaged in debate g) To call by name any Member persisting in breach of the rules of order of the Council and may order the Member to vacate the Council Chamber h) To adjourn or suspend the Meeting if the Warden considers it necessary because of grave disorder i) To authenticate, by signature, all by-laws, resolutions and minutes of the Council; j) To represent and support the Council, declaring its will and implicitly obeying its decisions in all things. The Warden may expel or exclude from any Meeting any person or Member whom the Warden feels has exhibited improper conduct during a Meeting of Council. a) The Warden (or Chair) may ask or answer questions

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in Discussion

Absence of Warden

Absence of Warden and Deputy Warden

Voting

and comment in a general way without ceding the chair. b) If the Warden (or Chair) wishes to speak on a motion or take a definite position and try to persuade Council to support that position, then the Warden (or Chair) must call on the Deputy Warden (or ViceChair of a Committee) to take over the chairing of the Meeting until the Warden has finished speaking. c) If the Warden (or Chair) wishes to make a motion, then the Warden (or Chair) must call on the Deputy Warden (or Vice-Chair) to chair the Meeting until the motion has been resolved. 13.4 If the Warden does not attend a Meeting of Council within fifteen (15) minutes after the time appointed, the Deputy Warden shall preside until the arrival of the Warden and the Deputy Warden shall have vested in him all the powers as given by this by-law to the Warden while presiding at the Meeting. 13.5 In the absence of the Warden and the Deputy Warden, the Clerk shall convene the Meeting until a Chair, chosen by the Council shall preside during such absence and shall while in the Chair have vested in him all the powers as given by this By-Law to the Warden. 13.6 The Warden may vote on any matter at his discretion with the exception of a recorded vote at which time voting is required. 14. Duties of Deputy Warden (Added by By-law 2015-0002) 14.1 In addition to the responsibilities of performing the duties of the Head of Council in the absence of the Warden:

Responsibilities

14.2 Clarification

  1. Act as Chair of the Committee of the Whole.
  2. Be prepared to assume the duties of the Warden.
  3. Meet regularly with the Warden to be briefed on political matters such as the work of the Eastern Ontario Wardens Caucus.
  4. Support and attend meetings of a political nature at the request of the Warden.
  5. Be generally familiar with executive requirements of the County.  The duties of the Deputy Warden do not include ex officio responsibilities on Committees. Other than noted above, appointment to the position of Deputy Warden does not confer any additional powers or duties upon the incumbent in the general execution of

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duties defined as a County Councillor. 15. Duties of Members 15.1

Legislative Responsibilities

15.2

Prohibitions

It is the role of Members of County Council: a) To represent the public and to consider the wellbeing and interests of the County; b) To develop and evaluate the policies and programs of the County; c) To determine, as applicable, which services the County provides; d) To ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council; e) To ensure the accountability and transparency of the operations of the County, including the activities of the senior management of the County; f) To maintain the financial integrity of the County; and g) To carry out the duties of Council under the Municipal Act or other Act. No Member shall: a) Speak disrespectfully of any Member of Federal or Provincial parliaments, the Council, any constituent municipality, any member or any official or employee of the County; b) Use offensive words or unparliamentary language; c) Speak in a manner that is discriminatory in nature on the basis of the individual’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability; d) Engage in private conversation while in the Council Meeting or use electronic devices (including but not limited to BlackBerrys, cellular phones or pagers) in a manner which interrupts the proceeding of the Council; e) Leave his seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced; f) Speak on any subject other than the subject under debate; g) Where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of deliberations of the closed Meeting;

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h) Criticize any decision of the Council except for the purpose of moving that the question be reconsidered; or i) Disobey the rules of the Council or a decision of the Chair or of the Council on questions of order or practice or upon the interpretation of the rules of the Council. In case a Member persists in any such disobedience, after having been called to order by the Warden, the Warden shall not recognize that Member, except for the purpose of receiving an apology from the Member tendered at the Meeting or any subsequent Meeting. 16. Disclosures of Pecuniary Interest 16.1

Method of Disclosure

16.2 Closed Meetings

16.3 Absence – Disclosure at Next Meeting

16.4 Record of Disclosure

Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall, in accordance with the Municipal Conflict of Interest Act: a) Prior to any consideration of the matter at the Meeting, disclose the Member’s interest and the general nature thereof; and b) Not take part in the discussion of, or vote on any question in respect of the matter, and c) Not attempt in any way whether before, during or after the Meeting to influence the voting on the matter. Where a Meeting is not open to the public, in addition to complying with the requirements of the Municipal Conflict of Interest Act, 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 by reason of the Member’s absence from a particular Meeting, the Member shall disclose the Member’s interest and otherwise comply at the first Meeting of the Council or Committee, as the case may be, attended by the Member after the particular Meeting. The Clerk shall record in reasonable detail the particulars of any disclosure of pecuniary interest made by a Member, and this record shall appear in the Minutes of that Meeting.

  1. Deputations and/or Presentations 17.1 Request for Deputation

Any person desiring to present information orally on matters of fact or to make a request of Council shall give notice and disclose the subject matter to the Clerk not

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17.2 Deputation Material 17.3 Authority to Approve or Deny 17.4 New Information Only

Exceptions to Ten Days’ Notice Requirement

17.5

17.6 Time Limits Number of Deputations Number of Speakers Addressing the Warden

17.7 17.8 17.9 17.10

Behaviour

17.11 Curtailment of Time

17.12

Conduct

less than ten days preceding the Council Meeting at which such person desires to be heard. In order to be scheduled as a deputation before Council, a person shall submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the Council Meeting. The Clerk, in consultation with the Warden, shall have the authority to deem a deputation inappropriate or outside the scope of Council authority and deny the item a place on the agenda. Except as required by law, any person appearing before Council or a Committee who has previously appeared before Council or the same Committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances. Under extenuating circumstances, exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk. Each deputation shall be limited to not more than a total of ten (10) minutes. Extensions to these limits will be at the discretion of the Warden. A maximum of two (2) deputations may address Council per Meeting. The number of speakers for one deputation shall be limited to two, unless authorized by Council resolution. All deputants shall address the Warden, shall state their name and whom they represent. No deputant shall: a) Speak disrespectfully of any person; b) Use offensive language; c) Speak on any subject other than the subject for which he has received approval to address Council; d) Disobey the rules of procedure or a decision of the Warden or Council. The Warden may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this by-law, and, if the Warden rules that the deputation is concluded, the person or persons appearing shall withdraw. Members of the public who constitute the audience at a Meeting, shall not: a) Address Council or Committee without permission; b) Bring signage, placards or banners into such Meetings and refrain from any activity or behavior that would affect the Council deliberations.

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  1. Rules of Debate 18.1 Recognition of Member 18.2 Order of Speakers 18.3 Interruptions 18.4 Read Motion Five Minutes

18.5 18.6

Speak Once 18.7 Questions

18.8 Points of Order and Privilege

Warden to Rule on Point Challenge Decision Final Idem

18.9

18.10 18.11 18.12

To address Council, a Member shall request to speak, be recognized by the Warden and direct all comments through the Warden. When two or more Members indicate their desire to speak at the same time, the Warden shall designate the order of speakers. When a Member is speaking, no other Member shall interrupt the Member speaking, except to raise a point of order, privilege or personal privilege. Any Member may require a motion or question under discussion to be read at any time during the debate, but not so as to interrupt the Member speaking. No Member shall speak for longer than five minutes on a question without Council’s permission. No Member shall speak more than once to the same question without Council’s permission, except that a reply shall be permitted only from a Member who has presented the main motion. A Member may ask a question only for the purpose of obtaining information relating to the matter under discussion and the question shall be stated succinctly and asked only of the Warden, the previous speaker or County staff. When a Member rises on a point of order, point of privilege or point of personal privilege, the Member shall ask leave of the Warden to raise the point. After leave is granted, the Member shall state the point to the Warden and then remain silent until the Warden has ruled upon the point. Subject to being overruled by Council on a vote which shall be taken immediately and without debate, the Warden shall rule on the point. Any Member may challenge the ruling of the Warden immediately following the ruling. The Warden’s ruling is final unless it is challenged. Council’s decision is final if the Warden is challenged.

  1. Motions 19.1 Jurisdiction 19.2 Putting a motion on the agenda

A motion or notice of motion in respect of a matter which is not within the jurisdiction of Council shall not be in order and shall not be considered by Council. a) Motions introducing new matters must be in the hands of the Clerk by Noon on the Friday prior to the regular County Council or Committee Meeting for inclusion on the agenda. b) Every motion must be in writing and have a mover

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Motions for which Notice has not been given

19.3

19.4 Withdrawal of Motions

19.5

Motions Introduced Orally

Motions to be in Writing Motions to be Seconded Motion to Refer Takes Precedence over Amendments

19.6 19.7

19.8

19.9 Mover May Vote in Opposition 19.10 Motion to continue past 1 p.m.

and seconder before being submitted to the Clerk for inclusion on the agenda. c) All motions will be placed in the order in which they are received. Motions for which notice has not been previously given shall only be considered if agreed upon by a two-thirds majority vote of the Members present. After a motion has been proposed and seconded, and placed in the hands of the Warden, it shall be considered to be in the possession of Council but may be withdrawn with the consent of the mover and the support of a majority of Council. The following may be introduced orally without written notice and without leave of Council: a) A point of order, privilege or personal privilege b) Presentation of petitions c) A motion to waive or suspend the rules of procedure d) A motion to recess e) A motion to adjourn f) A motion to call the question g) A motion to separate the question h) A motion that Council resolve itself into a closed Meeting i) A motion to receive an item j) A motion to table an item k) A motion to lift from the table l) A motion to refer m) A motion to defer n) A motion to amend, and o) A motion to adopt a recommendation. Except as provided in Section 18.5, all motions and notices of motion shall be in writing. A motion shall be moved and seconded before being open for discussion and consideration. Motions under Sections 18.5 (a) and (b) do not require a seconder. A motion to refer, until it is decided, shall precede all amendments of the main question. A member may move a motion in order to initiate discussion and debate and that Member may vote in opposition to the motion. A seconder of a motion may also vote in opposition to the motion. a) A motion carried by a two-third vote of the members present and voting will extend the meeting. The Mayor of South Frontenac shall have two votes. b) At 12:45 p.m. the Warden will ask if Council wishes to proceed beyond 1:00 p.m. A motion put forward

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must stipulate the purpose of the extension (i.e. to complete the agenda in its entirety, or a certain portion of the agenda, or that the extension is for a specific period of time). c) If a two-thirds vote is not achieved to extend the meeting, Council will consider the time sensitive items, and at 12:55 p.m. Council will move directly to by-laws. 20. Specific Motions 20.1 Recess

20.2

Adjourn

20.3 Call the Question

20.4

Motion to Table (postpone indefinitely)

20.5 Refer

a) A motion to recess is debatable; however debate is restricted to the length of time of the recess only. b) A motion to recess is amendable; however any amendment shall refer to the length of time of the recess only.

  1. A motion to adjourn the Council Meeting is not debatable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting, or d) when a Member has indicated to the Warden his desire to speak on the matter before Council.
  2. A motion to adjourn shall take precedence over any other motion. a) A motion to call the question is not debatable and shall be put immediately. b) A member who moved a motion to call the question shall not be allowed to speak to the question again if the motion is decided in the negative. A motion to table: a) is not amendable; b) shall apply to the motion and any amendments under debate when the motion to table is made; c) is debatable; however debate may go into only the reasons why the motion should or should not be dealt with at this time; d) if the motion to table carries, in the absence of any direction from Council, the matter may not be discussed until a Member through a Notice of Motion, brings it forward to a subsequent Meeting. A motion to refer: a) is amendable; b) is debatable; c) shall include the name of the Committee or official to whom the motion or amendment is to be referred; and d) shall include the terms upon which it is to be referred

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20.6 Defer (postpone to a certain time)

20.7

Amendment

20.8 Receive 20.9

Reconsideration

20.10

Reconsideration – General

and time or period, if any, on or within which the matter is to be returned. A motion to defer: a) is debatable; b) is amendable; c) shall include the time to or period within which, consideration of the matter is to be deferred; and d) shall include an explanation to demonstrate the purpose of the motion to defer. A motion to amend: a) is debatable b) only one motion to amend a motion shall be on the floor at any one time c) shall receive disposition of Council before a previous amendment to the question d) shall not be amended more than once before voting e) shall be relevant to the question to be received f) shall not be received proposing a direct negative to the question g) may propose a separate and distinct disposition of a question h) shall be put in the reverse order to that in which it is moved. A motion to receive, moved after the main motion, is debatable and shall be treated as an amendment to the main motion. A motion to reconsider a matter within one year following the decision of the Council shall be in order to permit correction of hasty, ill-advised or erroneous action or to take into account added information or a changed situation that has developed since the taking of the vote. A motion to reconsider is not in order if the provisions of the original motion have been partly carried out or involve a contract were the party to the contract has been notified on the outcome. a) A motion to reconsider is debatable; b) No discussion of the main question shall be allowed until the motion for reconsideration is carried by a two-thirds majority vote of the members present; c) Once the question is reopened, it is reopened in its entirety unless the reopening motion specifies otherwise; d) If the question is reopened, all previous decisions of the Council remain in force unless the Council decides otherwise; e) No motion to reconsider may, itself, be the subject of a motion to reconsider.

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  1. Notices of Motion 21.1 Timing of Notice

Notice of Motion – Disclosure of Subject Matter

21.2

21.3 Committees

A notice of motion shall be given in accordance with the Agenda of Council and shall be in writing and shall include the name of the mover and seconder. The Clerk will read any notices of motion at the designated point on the Agenda; however they will form part of the Agenda for the subsequent Meeting of Council. Any Member giving a Notice of Motion shall disclose the subject matter of the motion. Any notice of motion, the subject matter of which falls within the mandate of a Committee, shall be referred directly to that Committee by the Council unless the Council determines that it should not be first considered by the Committee, for reasons of emergency, health, safety or legal deadline.

  1. Voting 22.1

Order of Votes

22.2 Members Shall Vote 22.3

Number of Votes

Warden to State the Question Method of Voting

22.4

22.5

Motions relating to an item under consideration shall be voted on in the following order: a) A motion to waive or suspend the rules of procedure b) A motion to adjourn c) A motion to recess d) A motion to receive an item e) A motion to call the question f) A motion to defer g) A motion to refer h) A motion to amend, in reverse order of its being placed i) A motion to table an item j) The main motion. Every Member present at a Meeting of Council where a question is put shall vote on the question, unless prohibited by statute, in which case the Clerk shall so record. Subject to the exception under Section 5,8 above, every Member present at a Meeting of Council where a question is put shall have 1 vote except for the Mayor of South Frontenac who shall have 2 votes. If the Mayor of South Frontenac is absent at a Meeting, the other Councillor representing South Frontenac shall only have 1 vote. Immediately preceding the taking of a vote, the Warden shall state, if requested, the question in the precise form in which it will be recorded in the minutes. A Member shall vote by raising a hand or otherwise

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22.6

Actions During Vote

22.7 Split Votes 22.8 No Vote Deemed Negative

Warden Majority Vote Equality of Votes

22.9 22.10 22.11 22.12

Two-Thirds

22.13

Recorded Vote

Clerk to Announce

22.14

indicating the Member’s vote, except where a recorded vote is requested. When the Warden calls for the vote on a question, a) Each Member shall occupy his seat and shall remain in place until the result of the vote has been declared by the Warden, and b) During this time no Member shall walk across the room or make any other motion or speak to the question or any other Member or make any noise or disturbance. Upon the request of any Member, and when the Warden is satisfied that a matter under consideration contains distinct proposals, the vote upon each proposal shall be taken separately. If any Member present does not vote at a Meeting of the Council where a question is put and a recorded vote taken, he shall be deemed to vote in the negative except where the Member is prohibited from voting by statute. The Warden may vote on any question and shall vote in the case of recorded votes. All decisions of Council shall require a majority vote except as otherwise set out in this By-Law. Any motion that receives a tie vote shall be deemed to have been decided in the negative. The following decisions of Council require a two-thirds majority vote: a) A motion to consider a report or by-law that does not relate to a matter listed on the Agenda; b) A motion to consider a matter previously postponed indefinitely or to a time or eventuality that has not been reached or occurred under Section 19.4 of this By-Law; c) A motion to reconsider a question decided within the previous year under Section 19.10 of this ByLaw; d) A motion to suspend the provisions of the ByLaw under Section 2.1 of this By-Law; e) A motion to call the question under Section 19.3 of this By-law. A request for a recorded vote by a Member present at the Meeting shall be made prior to the commencement of the vote being taken or immediately thereafter. When a recorded vote is requested by a Member, the Clerk shall record the name and vote of every Member on the question using alphabetical order by last name for order of voting with the Warden voting last. The Clerk shall announce the result of the vote.

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Results of Vote 22.15 Request for Further Vote

If a Member doubts the results of a vote as announced by the Clerk, the Member may call for the vote to be taken again and the Warden shall request that the Members shall vote again.

  1. Public Question Period 23.1 Questions/Comments from the Public

Council will entertain questions and/or comments from the public at each Meeting at the designated point on the agenda as time permits. Questions and/or comments must pertain to an item on the agenda for that meeting unless Council directs otherwise by resolution.

  1. Other Business 24.1 Items to be Considered for Other Business with Prior Notice 24.2

Items to be Considered for Other Business without Prior Notice

Miscellaneous Business/Motions that do not warrant a staff report may be placed on the agenda under Other Business provided that the business is posted on the agenda with supporting documentation. (Added by By-law 2014-0019 passed April 16, 2014) Statement by Members – When a Councillor(s) wishes to inform Council of a matter that does not require action or consideration by Council, such information may be announced under Other Business. Matters of Urgency – When a Councillor(s) wishes to inform Council of a matter that must be considered immediately, due to extreme time constraints, Council shall determine if the matter is admissible and requires immediate action by Council, by a two-thirds majority vote. Only matters of urgency, ruled admissible by Council, shall be considered by Council without prior notice.

  1. By-Laws Introduction Three Readings By-Laws Taken as Read Separate Vote Pass at One Meeting

25.1 25.2 25.3

25.4 25.5 25.6

Confirmatory By-law

All by-laws shall be introduced by motion specifying the title thereof. Every by-law shall have three readings prior to being passed. By-laws shall be taken as read for the first, second and third readings unless otherwise decided by a majority vote of Council. By request of any Member, any by-law(s) may be discussed or voted on individually. A by-law may be passed through all its stages and be finally passed at one Meeting. The proceedings of every Meeting of Council shall be confirmed by by-law at each Meeting in order that every decision of Council in that year and every resolution

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25.7 Amendments 25.8

Authorization

thereof shall be of the same force and effect as if each and every one of them had been the subject matter of a separate by-law duly enacted. All amendments to any by-laws approved by Council shall be deemed to be incorporated into the by-law and if the by-law is enacted by Council, the amendments shall be recorded by the Clerk. Every by-law once passed shall be numbered with a progressive number in the following form: four digits for the year, dash, four digits for the by-law number, (e.g. By-law No. 2010-0001 shall be the first by-law number in the year 2010), dated, duly signed by the Warden and Clerk and the Clerk shall affix the seal of the Corporation thereto.

  1. Committees 26.1 Council’s Role 26.2

Advisory Committees of County Council – Schedule B

26.3 External Boards and Committees – Schedule C 26.4 Appointment/Nominees to Other Boards 26.5 Eligible Appointees

Term of Appointment

26.6

Council shall determine the appropriate number of Committees, their membership, mandates and reporting practices. The composition and terms of reference for Advisory Committees are in accordance with Schedule B, attached hereto and forming a part of this By-Law as follows: Schedule B-1 Joint Frontenac Accessibility Advisory Committee Schedule B-2 Trails Advisory Committee Schedule B-3 Sustainability Advisory Committee Schedule B-4 150th Anniversary Planning Advisory Committee Schedule B-5 Seniors Housing Task Force (Amended by By-law 2014-0019) The Committees to which County Council makes appointments, but are not Committees of County Council, is included in Schedule C. These Committees are bound by the rules established by their governing body and do not abide by the County’s Procedural Bylaw. Appointments and nominees to other boards, such as the KFL&A Public Health Board and the Kingston Frontenac Public Library Board, shall be appointed directly by Council. Every member of a Committee must be either a member of Council or a person eligible to be elected as a member of the Council, in accordance with the Municipal Elections Act, unless approved by a majority resolution of Council. The Term of Appointment for Members of Committees shall be in accordance with the Terms of Reference of

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the Committees set out in Schedule B to this By-law.

26.7

Election of Chairs and Vice-Chairs

Removal of Chair or Vice-Chair Warden’s Membership on Committees

26.8

26.9 26.10

Clerk shall be Secretary

26.11 Delegation of Clerk’s Duties 26.12 Committee Meeting Dates & Locations

Committee members will continue to serve on a committee past the expiration of their term until they are replaced. All Council membership on all Committees end on November 30 of a municipal election year. (By-law 2014-0033) Chair and Vice-Chair of each Committee shall be elected on an annual basis by the Committee from its Members: a) Each candidate for Chair and Vice-Chair who stands for election may make a presentation to the Committee; b) The Committee shall elect a Vice-Chair to chair the proceeding in the absence of the Committee Chair; c) The Warden shall not be eligible to be the Chair or Vice-Chair of a committee; d) The Chair and Vice-Chair of committees may hold their respective positions for a maximum of four consecutive years if re-elected to do so.; e) Each Chair and/or Vice-Chair shall preside at every Meeting of their Committee, may vote on every question submitted for consideration and may require that resolutions be in writing. The Chair or Vice-Chair can only be removed by a vote of the majority of Members of the Committee or by resolution of Council. The Warden shall be an Ex-officio Member of all Committees and Task Forces. The Clerk or designate shall be the Secretary of all Committees of Council and shall be present at all Meetings. The Clerk shall record the proceedings of all Committees of Council in the form of minutes. All Committee minutes shall be directed to Council for adoption and shall be signed by the Chair and Secretary at the next Committee Meeting. Despite Section 25.9, the Clerk may delegate to any employee in the Administrative Services Department duties related to the preparation of the Agendas, giving of notice of the Meetings, recording of the minutes and general administrative support to the Committees. Committees shall establish regular Meetings dates, times and location at the beginning of each year. Meetings will be held in the County of Frontenac Administration Building. Alternative locations shall only be considered where staff capacity and resources are deemed sufficient.

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26.13 Notice to Members

26.14 Notice to Media and Public

26.15

General Role of Committees

26.16 Responsibility to Act on Recommendations 26.17

Committee Procedures

26.18 Members’ Rights

26.19 Absence of Chair and Vice Chair

Notice of Meetings including agendas, minutes and supporting documentation to the Members shall be via electronic mail, regular mail, courier or facsimile. Notice may also be provided by telephone or personal contact in case of an emergency. Notice of Meetings shall be given by posting agendas and supporting documentation on the County’s website. Notice of Meetings shall be posted as soon as practical after being established by Committees. Agendas and supporting documentation shall be posted three days prior to the Meeting and in the event an agenda is amended it shall be reposted as an amended agenda. The role of Committees shall generally be to: a) make recommendations to Council on matters which are in their jurisdiction; b) guide and request staff to provide reports on the direction and nature of policy development, fact finding, analysis and generation of public policy matters; c) receive public deputations and establish mechanisms to receive further public input on vital public policy matters. No action shall be taken on Committee recommendations until approved by Council unless: a) the responsibility has been delegated to the Committee by Council. The rules governing the procedure of the Council and the conduct of Members at Council shall be observed as far as they are applicable, and, subject to the specific rules for Committees set out in this section including: a) the number of times of speaking on any question shall not be limited; b) a majority vote shall be required to decide any matter before the Committee; c) recorded votes shall not be weighted and members shall be called to vote by last name in alphabetic order; Members who are not Members of a specific Committee may attend Meetings of that Committee and may, with consent of the Chair of that Committee, take part in the discussion, but shall not be counted in the quorum or entitled to make motions or to vote at these Meetings. In the event of the Chair of a Committee not attending the Committee at which he is to preside within fifteen (15) minutes after the time appointed for the commencement of the Meeting, the Committee Vice

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Meeting Limitation Agendas

26.20 26.21 26.22

Additional Agenda Items 26.23

Deputations

26.24 Closed Meetings Declarations of Pecuniary Interest Quorum Right to Expel Reconsideration

26.26

26.27 26.28 26.29

Chair shall call the Meeting to order and preside until the arrival of the Committee Chair. Should the Committee Vice-Chair not be in attendance at the Meeting, then, those Members in attendance shall appoint one of the Members to act in place of the Committee Chair for that Meeting. Such Member shall then call the Members to order and shall preside until the arrival of the Committee Chair or the Committee Vice-Chair. No Committee Meeting shall be held while Council is in session. The Clerk shall prepare for distribution Committee agendas. Any matter, which is within the Committee’s mandate and which is not on the Committee agenda or does not relate to a matter on the agenda, may be considered by the Committee if it agrees to add the matter to the agenda through a majority vote. Any person desiring to present information to a Committee may do so subject to the following: a) The request shall be in writing and the information to be presented shall be on matters of fact or to make a request of the Committee; b) Requests shall be made not less than ten days preceding the Committee Meeting at which such person desires to be heard; c) Exceptions to the ten days’ notice requirement required in (b) above may be approved by the Committee Chair; d) Any person who is scheduled to appear as a deputation before a Committee is requested to submit written documentation for the Committee’s consideration to the Clerk’s Department not less than five (5) days preceding the Committee Meeting; e) The rules relating to time limits, ehavior, curtailment of time and conduct shall be as set out in Section 16. No Meeting of a Committee shall be held as a closed Meeting except in accordance with Sections 6.4, 6.5 and 6.6. Members of Committees shall adhere to Section 15 with respect to declarations of pecuniary interest in Committees. A quorum as it relates to Committees of Council shall consist of a majority of the members.. The Chair has the right to expel or exclude any person from any Meeting for improper conduct. No Committee shall reconsider any question decided by

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the Council within a year after the Council decision, nor consider any other matter which could involve a decision inconsistent with a Council decision. 27. Amendment to the By-Law Majority Vote

27.1

This By-law shall not be amended or repealed except by a majority vote of Council.

  1. Conflict 28.1 Conflict with Statute

If there is any conflict between this By-law or any portion thereof and any statute, the provisions of the statute shall prevail.

This is Schedule A to By-law No. 2013-0020 passed by the Council of the County of Frontenac this 15th day of May, 2013 [Original Signed] Janet Gutowski, Warden [Original Signed] K. Elizabeth Savill, Clerk

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AGENDA ITEM #b)

SCHEDULE B-1 ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

Joint Accessibility Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (i) That a Committee to be known as the County of Frontenac Joint Accessibility Advisory Committee be hereby established. (ii) That the Committee shall be comprised of not more than 7 members as follows:   

2 Members of County Council 4 Members of the Community who are persons with disabilities (one representative from each Township) 1 Member from the Community at large

who shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council. (iii) That Committee shall adhere to the County’s Procedural By-law No. 2013-0020 and any amendments thereto, specifically Section 25 – Committees to govern all proceedings of the Accessibility Advisory Committee Meetings. (iv) The Committee shall hold a minimum of four (4) and a maximum of six (6) Meetings per year. MANDATE OF THE COMMITTEE To assist the County and Township Councils in the County of Frontenac in enabling persons with disabilities to have equal access to all opportunities within the County. DUTIES OF THE COMMITTEE The committee shall: (a) advise the councils about the legislative requirements and implementation of the accessibility standards and the preparation of accessibility reports and such other matters for which the council may seek its advice; (b) review in a timely manner the site plans and drawings described in section 41 of the Planning Act that the committee selects in terms of how they address the accessibility needs of persons with disabilities; (c) perform all other functions as specified by legislation. (d) in consultation with Council and Municipal Staff, review new and existing municipal by-laws and policies as applicable; (e) work with Council and the community at large to identify and address the needs of persons with disabilities within the community; (f) provide recommendations to Councils on the promotion of public awareness and understanding of the needs of persons with disabilities. By-law No. 2013-0020 –Schedule B - County of Frontenac Procedure By-law May 15, 2013

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AGENDA ITEM #b)

SCHEDULE B-1 ADVISORY COMMITTEES continued RESPONSIBILITIES OF COUNCIL Council shall: (a) establish the Accessibility Advisory Committee and appoint its members; (b) seek advice from the Committee regarding accessibility plans and reports required to be submitted to the province; (c) seek advice from the Committee on the accessibility for persons with disabilities to a building, structure or premises, or part of a building, structure or premises, (i) that the council purchases, constructs or significantly renovates; (1) for which the council enters into a new lease; or (iii) that a person provides as municipal capital facilities under an agreement entered into with the council in accordance with the Municipal Act, 2001; and (d) when the committee selects site plans and drawings described in section 41 of the Planning Act to review, supply them to the Committee in a timely manner for the purpose of the review; and (e) have regard to the accessibility for persons with disabilities in deciding to purchase goods and services through the procurement process for the use of it by itself, by the Townships, its’ employees or the public. GENERAL (a) That Administrative Support shall be provided by the Clerk or Designate. (b) That the records of the Accessibility Advisory Committee shall be retained and preserved in accordance with the provisions of the County Records Retention bylaw. COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Joint Accessibility Advisory Committee: Council Liaison to Corporate Services (Added by By-law 2015-0002) 

Tom Dewey

One (1) Members of County Council: (Amended by By-law 2015-0002) 

John McDougall

Four (4) Representatives from the Community who are Persons with Disabilities – One (1) from each of the Four (4) Townships:  Township of North Frontenac – vacant  Township of Central Frontenac – Vacant  Township of South Frontenac – Neil Allen  Township of Frontenac Islands – Margaret Knott One (1) Representative from Community at Large:  Francine Arsenault By-law No. 2013-0020 –Schedule B - County of Frontenac Procedure By-law May 15, 2013

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AGENDA ITEM #b)

SCHEDULE B-2 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

Trails Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (i) The County of Frontenac TAC shall be comprised of seven (7) members appointed by County Council as follows:  Three (3) members of County Council;  Two (2) Adjacent Landowners;  Two (2) Representatives from Major User Groups; and  One (1) CRCA Representative. (ii) The members of the County of Frontenac TAC shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council. (iii) That the Committee shall hold bi-monthly Meetings or less frequently if Meetings are not required to fulfill the mandate of the TAC.

(iv) The County of Frontenac TAC shall adhere to the County’s Procedural By-law No. 2010-0028 and any amendments thereto, specifically Section 25 – Committees for the conduct of all Meetings.

TERMS OF REFERENCE (i) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within this context, the Vision shared in the Frontenac Trails Master Plan can be read: Trails in the County of Frontenac promote sustainable and healthy communities by encouraging residents and visitors to get active while appreciating the natural beauty and rich heritage of Frontenac County. (ii) Mandate   

To provide input and suggestions regarding the execution of Implementation Plan for the Frontenac K&P Trail, To provide input and suggestions regarding other trails initiatives throughout the County including the Townships of North, Central, South Frontenac and Frontenac Islands, and To report periodically to County Council on progress on the committee’s work.

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AGENDA ITEM #b)

SCHEDULE B-2 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Trails Advisory Committee: Council Liaison to Planning and Economic Development (Added by By-law 2015-0002)  John McDougall Two (2) Members of County Council: (Amended by By-law 2015-0002)  

Denis Doyle Tom Dewey

Two (2) Adjacent Landowners:  

Joan Hollywood, Central Frontenac Resident Robert Clinton (Amended by By-law 2015-0017)

Two (2) Representatives from Major User Groups:  

Dieter Eberhardt, President, L & A Ridge Runners Snowmobile Club Gary Davison

1 CRCA Representative: 

Ross Sutherland

1 Land O’ Lakes Tourist Association Representative: 

Lucas Wales (Amended by By-law 2015-0017)

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AGENDA ITEM #b)

SCHEDULE B-3 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

Sustainability Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (i) The County of Frontenac SAC shall be comprised of up to six (6) members appointed by County Council as follows:  two (2) members of County Council; and  four (4) community representatives. (ii) The members of the County of Frontenac SAC shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in Schedule “A” to this By-law; (iii) That the Committee shall hold one meeting each year of their term in order to establish an annual work plan and thereafter hold e-Meetings as required. (iv) The County of Frontenac SAC shall adhere to the County’s Procedural By-law No. 2010-0028 and any amendments thereto, specifically Section 25 – Committees for the conduct of all Meetings. TERMS OF REFERENCE (i) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within the context of the Values and Principles detailed, SAC will endeavour to assist the Frontenacs reach sustainability overall and ensure strong community engagement. (ii) Mandate  To provide input and suggestions regarding the implementation of Directions for Our Future, in particular to help meet the “Commitment Towards a Sustainable Future” and the “Community Input” elements.  To report periodically to County Council and to produce an annual work plan for adoption by Council. COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Sustainability Advisory Committee: Council Liaison to Planning and Economic Development  John McDougall (Added by By-law 2015-0002) One (1) Members of County Council:  Ron Higgins (Amended by By-law 2015-0002) Four (4) Community Representatives:  Barrie Gilbert  David Hahn  Tracy John  Don Ross By-law No. 2013-0020 –Schedule B - County of Frontenac Procedure By-law May 15, 2013

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AGENDA ITEM #b)

SCHEDULE B-4 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

150th Anniversary Planning Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (i) The County of Frontenac 150th Anniversary PAC shall be comprised of up to five (5) members appointed by County Council as follows:  two (2) members of County Council; and  three (3) community representatives. (ii) The members of the County of Frontenac 150th Anniversary PAC shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in Schedule “A” to this By-law; (iii) That the Committee shall hold 2 Meetings each year of their term in order to establish an annual work plan and confirm activities and thereafter hold e-Meetings as required.

(iv) The County of Frontenac 150th Anniversary PAC shall adhere to the County’s Procedural By-law No. 2010-0028 and any amendments thereto, specifically Section 25 – Committees for the conduct of all Meetings.

TERMS OF REFERENCE (i) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within the context of the Values and Principles detailed, the 150 th Anniversary PAC will be guided by the Culture and Heritage Vision Statement: The County celebrates the arts and local history, and demonstrates the value it places on its artifacts and built heritage. Residents are part of a vibrant community that enjoys a wide range of formal and informal festivals, programs, and opportunities to create and enjoy the arts. It fosters opportunities to showcase local cultures and the values of sustainability (reflecting an integration of social, cultural, economic and environmental values) throughout the Frontenacs. (ii) Mandate  To assist County Council with the provision of suitable community-wide celebrations of the County’s 150th Anniversary.  To report periodically to County Council and to produce an annual work plan for adoption by Council. By-law No. 2013-0020 –Schedule B - County of Frontenac Procedure By-law May 15, 2013

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AGENDA ITEM #b)

SCHEDULE B-4 ADVISORY COMMITTEES continued COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac 150th Anniversary Planning Advisory Committee: Council Liaison to Planning and Economic Development (Added by By-law 2015-0002)  John McDougall One (1) Member of County Council: (Amended by By-law 2015-0002)  Natalie Nossal Seven (7) Community Representatives: (Amended by By-law 2015-0003)  Pat Barr  Gary Davison  Phil Leonard  Tasha Lloyd  Barbara Sproule  Jim Vanden Hoek  Dave Woodman

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AGENDA ITEM #b)

SCHEDULE B-5 – ADVISORY COMMITTEES COMMITTEE NAME:

Service Delivery and Organization Review Committee (Repealed by By-law 2014-0019 passed April 16, 2014)

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AGENDA ITEM #b)

SCHEDULE B-5 – ADVISORY COMMITTEES COMMITTEE NAME:

Seniors Housing Task Force

ESTABLISHMENT OF THE COMMITTEE (1) The County of Frontenac Seniors Housing Task Force shall be comprised of four (4) members as follows: (a) Three members of County Council, specifically:  One (1) member of County Council which sits on the City of Kingston Housing and Homelessness Advisory Committee  One (1) additional member of County Council  The Mayor of the Township in which the housing matter is being considered; and (b) One Township Council representative in which the housing matter is being considered (1) The members of the County of Frontenac Seniors Housing Task Force shall hold office from the date of their appointment, at the pleasure of the Council of the County of Frontenac, not to extend past the term of Council. (1) The Committee shall hold meetings as required. TERMS OF REFERENCE: The vision of the County of Frontenac stated in Directions for Our Future is that “government decision making processes need to be clear, transparent, forward thinking and focused on the longer term, all of which depend on a strong organizational structure. There is a clear direction for land use planning, economic development, physical, social and cultural infrastructure and investment in community capacity.” The Mission and Vision Statements, adopted by County Council in January 2013 read: Mission:

The County of Frontenac’s mission is the effective, efficient and sustainable delivery of services to citizens

Vision:

The County of Frontenac is recognized for its unique pristine natural environment and lifestyle choices and commitment to – and promotion of – strong, resilient, diverse, rural communities

The Seniors Housing Task Force will be guided by these statements during its deliberations and subsequent recommendations to County Council on Seniors Housing.

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AGENDA ITEM #b)

Mandate: Members of the Committee will work to ensure that there is a comprehensive understanding of affordable housing and appropriate forms of housing in the County of Frontenac as it relates to seniors housing, with a mandate to:     

To engage and consult with the local citizens to ensure local issues are brought forward to the Task Force; Provide information and advice to Council on seniors housing; Provide advice regarding the implementation of the Municipal Housing Strategy for the City of Kingston and the County of Frontenac with respect to the need for more affordable housing options for seniors living in the Frontenacs; Provide advice regarding the Seniors Housing Pilot Project Study carried out by the County of Frontenac in 2012 which provided detailed research and background information to assist in developing seniors housing pilot projects; Provide advice regarding the draft County Official Plan regarding the regional housing policies that support new seniors housing projects;

COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Seniors Housing Task Force: Three (3) members of County Council   

member of County Council which sits on the City of Kingston Housing and Homelessness Advisory Committee One (1) additional member of County Council The Mayor of the Township in which the housing matter is being considered

Frances Smith

vacant Denis Doyle (A) Ron Vandewal (A) Frances Smith (A) Ron Higgins (A) One Township Council representative in which Wayne Grant (A) FI Not yet appointed (A) SF the housing matter is being considered Vernon Hermer (A) NF Not yet appointed (A) CF (A) – Means alternate and will attend only if meeting is concerning their respective Township.

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AGENDA ITEM #b)

SCHEDULE B-6 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

Community Development Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (v) The County of Frontenac Community Development Advisory Committee shall be comprised of eight (8) members appointed by County Council as follows:  two (2) members of County Council (plus an appointed alternate); and  six (6) community representatives. (vi) The members of the County of Frontenac Community Development Advisory Committee shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in Schedule “A” to this By-law; (vii) The Committee shall establish an annual work plan and confirm activities and thereafter meet at least six times per year. Additional meetings may be held as deemed necessary by the Committee Chair or as requested by any member. (viii) The County of Frontenac Community Development Advisory Committee shall adhere to the County’s Procedural By-law No. 2013-0020 and any amendments thereto, specifically Section 26 – Committees for the conduct of all Meetings. TERMS OF REFERENCE (iii) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within the context of the Values and Principles detailed, the Community Development Advisory Committee will be guided by the Vision Statement: Fifty years into the future, the County of Frontenac is one of the most progressive municipalities in terms of community based sustainability planning because priorities and beliefs are determined through community consultation and County-wide considerations are well thought through and incorporate the four pillars of sustainability. The vision, developed to ensure the ongoing appreciation and continued improvements to our social, cultural, economic and environmental systems, strongly defines the region. (iv) Mandate Set priorities for sustainability in the Frontenacs, implementing the visions outlined in Directions for Our Future, the Economic Development Charter & Implementation Plan, and the Trails Master Plan. Key Activities 

Create short-term project teams for focused development within priorities

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AGENDA ITEM #b)

   

Evaluate project team recommendations through a sustainability lens Proactively advise and inform Council to ensure decisions account for regional and long-term implications Improve community engagement in the activities that will lead to a sustainable future for the Frontenacs To report periodically to County Council and to produce an annual work plan for adoption by Council.

COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Community Development Advisory Committee: Council Liaison to Planning and Economic Development One (1) Member of County Council: Six (6) Community Representatives:

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AGENDA ITEM #b)

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AGENDA ITEM #b)

SCHEDULE C – EXTERNAL BOARDS AND COMMITTEES WITH COUNTY COUNCIL APPOINTEES

  1. The Kingston Frontenac Public Library Board – one member of Council and two members of the community, appointed for the term of County Council. Provides for the information, education and leisure needs of the citizens of the City of Kingston and the Townships of Frontenac through its 5 urban and 12 rural branches; establishes policies and appoints the Chief Librarian/CEO, who administers the library under the guidance of established board policies.

  2. The Kingston, Frontenac, Lennox & Addington Public Health, Board of Health – one member of County Council, appointed for the term of County Council. This body provides advice and makes recommendations to KFLA Public Health on the programs and services to be offered, sets the annual budget and oversees expenditures.

  3. The Rural/Urban Liaison Advisory Committee (RULAC) – The Warden, Deputy Warden and the County Councillor appointed to the City of Kingston Housing and Homelessness Advisory Committee for the term of Council, three members of Kingston City Council, the Mayor and two members of Council. The Rural/Urban Liaison Advisory Committee was established by the order of the Minister of Municipal Affairs under Section 25.2(4) of the Municipal Act. The Committee shall meet at least quarterly with the Chief Administrative Officer of the City and the Frontenac Management Board for the purposes of discussing issues arising from joint agreements and recommending solutions to matters of common concern (effective December 1, 2014). (Amended by By-law 2014-0019 passed April 16, 2014)

  4. The Algonquin Land Claim Municipal Advisory Committee – one members of County Council, appointed for the term of Council. This Committee represents local, County and district governments across and adjacent to the land claim area. The Committee consists of heads of Council, or their designates, for each of the member municipalities. It provides advice to the Ontario negotiation team regarding the municipal implications of the potential transfer of crown lands to Algonquin ownership and the nature of future relationships facing the Algonquins and local municipal governments.

  5. The Frontenac County Youth Justice Advisory Committee – one member of County Council appointed for the term of Council. The purpose of the Youth Justice Advisory Committee is to support the objectives of ensuring there is effective communication and collaboration among key partners working within Youth Justice Services, both informally and at regular meetings held quarterly; sharing youth justice information regarding programs and services, trends and issues with intent to provide creative solutions to address service system gaps; developing Youth Justice protocols, practices By-law No. 2013-0020 –Schedule C - County of Frontenac Procedure By-law May 15, 2013

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AGENDA ITEM #b)

SCHEDULE C EXTERNAL BOARDS AND COMMITTEES continued and guidelines to ensure optimal navigation through the system, and to promote the provision of effective services for young persons in conflict with the law; and increasing capacity through educational opportunities, training events and professional development through localized community events. (As amended by By-law 2014-0037) 6. The Rideau Corridor Landscape Strategy Steering Committee – one member of County Council appointed for the term of Council. This Committee works to identify key features and values of the Rideau Corridor in order to support more effective planning and management of the Rideau Corridor’s landscape into the future.

  1. The Housing and Homelessness Advisory Committee (formerly the Affordable Housing Development Committee) – one member of County Council, appointed for the term of Council. This is an Advisory Committee of the City of Kingston who acts as the Local Service Realignment body for the County of Frontenac. This Committee works to ensure that there is a comprehensive understanding of housing, affordable housing and homelessness issues, initiatives and developments, with a mandate to provide advice to Kingston City Council Council on housing, publicly assisted affordable housing and homelessness policies, provide advice regarding the implementation of the Municipal Housing Strategy, Homelessness Plan and other municipal housing strategies, policies and directives, provide information and input on housing matters as related to poverty reduction through the appointment of one member of the Housing and Homelessness Advisory Committee to the Poverty Reduction Group, for a term of two years and two members of Housing and Homelessness Advisory Committee to the Poverty Reduction Housing Sub Working Group for a term of two years and to maintain close linkages with other City of Kingston Committees and working groups to ensure co-ordination of housing, affordable housing and homelessness initiatives.

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AGENDA ITEM #b)

Term: Eligibility: Description:

SCHEDULE D – COUNCIL LIAISONS (Added by By-law 2015-0002) Appointed by Council for a four (4) year term, at the pleasure of Council. Only second member County Councillors are eligible to be appointed to a Council Liaison position. A total of four (4) appointments will be made by Council to act as a Council Liaison with Directors and the Chief Administrative Officer. The four positions are as follows:    

Expectations:

Council Liaison – Emergency and Transportation Services Council Liaison – Long-term Care (Fairmount Home) Council Liaison – Corporate Services Council Liaison – Planning & Economic Development

The purpose of the Council Liaison will be to act as a conduit between Council and senior leadership. The Council Liaison will be the primary spokesperson for issues related to the operation of the department and direction. In particular, working with the Director and Chief Administrative Officer with respect to regulatory compliance and alignment with Council strategic direction.  Meet with the Director and CAO at a minimum of once per month. o Meeting to be scheduled for the first Wednesday of each month.  Become familiar with the legislative framework, operations, projects, reports, budgets and risks of the Department.  Monthly, provide an overview of the Departmental activities to County Council.  Meet with Warden as required to provide background and insight.  Participate in meetings, workshops and events related to the Department.  Participate on ad hoc committees and related operations teams as follows: o Emergency and Transportation Services  Emergency Management Program Committee o Council Liaison – Long-term Care (Fairmount Home)  Quality Assurance and Assessment Committee o Council Liaison – Corporate Services  Joint Accessibility Advisory Committee o Council Liaison – Planning & Economic Development  Trails Advisory Committee  Sustainability Advisory Committee

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AGENDA ITEM #b) Appendix B Jannette Amini From: Sent: To: Subject:

John McDougall john.mcdougall@xplornet.ca Monday, September 28, 2015 10:36 AM Jannette Amini Re: Procedural By-law Review

Thank you, Jannette. I have only a few suggestions for changes. On the whole, I support the By-Law.

  1. 18.6 Should this read “ No member shall speak more than once…………..without the Warden’s Permission……………….?
  2. 26.2 Needs to be updated.
  3. George Rust-D’Eye’s Handbook for Municipal Councillors is such a good common sense approach to Procedural matters. I would suggest making two additions to our Policy from this book, to come at the very beginning of our ByLaw: a. Pg. 63 The PURPOSE of procedures is to seek to achieve consensus in an orderly and principled manner; rules of procedure should be based on this principle. b. Pg. 87 PRINCIPLES upon which the By-Law is based ( Taken from the City of Toronto ): (1) The majority of members have the right to decide; (2) The minority of members have the right to be heard; (3) All members have the right to information to help make decisions, unless otherwise prevented by law; (4) Members have the right to an efficient meeting; (5) All members have the right to be treated with respect and courtesy; and (6) All members have equal rights, privileges and obligations. Thank you. John McDougall

From: Jannette Amini Sent: Tuesday, September 22, 2015 10:51 AM To: Denis Doyle ; mailto:mayor_smith@centralfrontenac.com ; John Inglis ; John McDougall ; Natalie Nossal ; mailto:ron.higgins@xplornet.com ; Ron Vandewal ; Tom Dewey Cc: Kelly Pender ; Marian VanBruinessen Subject: RE: Procedural By-law Review

Hello All, For your reference, I have attached a copy of the Consolidated Procedural By-law. 1

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AGENDA ITEM #b)

Please let me know if you have any questions.

Jannette Amini, Dipl.M.M., CMO Manager of Legislative Services/Clerk County of Frontenac - Corporate Services 2069 Battersea Road Glenburnie ON K0H 1S0 Phone: 613-548-9400 x 302 Fax: 613-548-8460 Email: jamini@frontenaccounty.ca From: Jannette Amini Sent: Monday, September 14, 2015 2:14 PM To: Denis Doyle denisdoyle@kos.net; Frances Smith (mayor_smith@centralfrontenac.com) mayor_smith@centralfrontenac.com; John Inglis john@lwl.ca; John McDougall john.mcdougall@xplornet.ca; ‘Natalie Nossal’ nossaln@hotmail.com; Ron Higgins (ron.higgins@xplornet.com) ron.higgins@xplornet.com; ‘Ron Vandewal’ rvandewal@southfrontenac.net; ‘Tom Dewey’ tdeweyone@gmail.com Cc: Kelly Pender kpender@FRONTENACCOUNTY.CA; Marian VanBruinessen mvanbruinessen@FRONTENACCOUNTY.CA Subject: RE: Procedural By-law Review Hello All, Just a friendly reminder that if you have any items that you would like addressed in the Procedural By-law review, kindly forward them to me by the end of next week so that they may be included in the staff report. Please let me know if you have any questions or concerns.

Jannette Amini, Dipl.M.M., CMO Manager of Legislative Services/Clerk County of Frontenac - Corporate Services 2069 Battersea Road Glenburnie ON K0H 1S0 Phone: 613-548-9400 x 302 Fax: 613-548-8460 Email: jamini@frontenaccounty.ca From: Jannette Amini Sent: Thursday, July 23, 2015 2:14 PM To: Denis Doyle denisdoyle@kos.net; Frances Smith (mayor_smith@centralfrontenac.com) mayor_smith@centralfrontenac.com; John Inglis john@lwl.ca; John McDougall john.mcdougall@xplornet.ca; ‘Natalie Nossal’ nossaln@hotmail.com; Ron Higgins (ron.higgins@xplornet.com) ron.higgins@xplornet.com; ‘Ron Vandewal’ rvandewal@southfrontenac.net; ‘Tom Dewey’ tdeweyone@gmail.com Cc: Kelly Pender kpender@FRONTENACCOUNTY.CA; Marian VanBruinessen mvanbruinessen@FRONTENACCOUNTY.CA Subject: Procedural By-law Review Hello Members of County Council, Just to follow up regarding the following motion that was passed at the July 15th County Council meeting: 2

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AGENDA ITEM #b)

a)

Procedural By-law Review

Motion #: 175-15

Moved By: Seconded By:

Councillor Higgins Councillor Vandewal

That Council schedule a Committee of the Whole meeting on October 7, 2015 to specifically review By-law Number 2013-0020 and update accordingly. And further that Members of Council individually forward any concerns regarding the Procedural By-law to the Clerk to be addressed in the staff report. CARRIED I will be working on a report for the October 7th COW meeting and would ask that each of you review Procedural By-law 2013-0020 and forward to me any questions, comments or concerns that you may have by September 10th so that I can address this in the report. I have attached a consolidated copy of By-law 2013-0020 for your reference. I would stress that when responding to this email with your comments/concerns/suggestions, kindly only respond to myself and not all recipients to avoid any potential complaints around improper closed meetings. If you have any questions or concern, please do not hesitate to call me. Regards,

Jannette Amini, Dipl.M.M., CMO Manager of Legislative Services/Clerk County of Frontenac - Corporate Services 2069 Battersea Road Glenburnie ON K0H 1S0 Phone: 613-548-9400 x 302 Fax: 613-548-8460 Email: jamini@frontenaccounty.ca

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AGENDA ITEM #b)

BY-LAW NO. 2013-0020 OF THE CORPORATION OF THE COUNTY OF FRONTENAC being a by-law to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the Act) provides that Council shall pass a procedure by-law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238 (2.1) of the Act provides that the procedure by-law shall provide for public notice of meetings; AND WHEREAS By-law No. 2010-0028, being a bylaw to provide for governing the proceedings of the Council, the conduct of members and the calling of meetings was adopted by The Corporation of the County of Frontenac on November 17, 2010; AND WHEREAS The Corporation of County of Frontenac deems it expedient to repeal By-law No. 2010-0028 and all amendments thereto; NOW THEREFORE the Council for The Corporation of the County of Frontenac hereby enacts as follows:

  1. That the proceedings of all Council and Committee meetings, the conduct of members and the calling of meetings shall be in accordance with the procedures and rules as set out in Schedule A attached hereto and forming part of this bylaw;
  2. That By-law No. 2010-0028 and any amendments thereto are hereby repealed;
  3. That By-law No. 2012-0021 being a by-law to establish a Finance Committee and any amendments thereto are hereby repealed;
  4. That By-law No. 2011-0007 being a by-law to establish a Sustainability Advisory Committee and any amendments thereto are hereby repealed;
  5. That By-law No. 2011-0020 being a by-law to establish a Trails Advisory Committee and any amendments thereto are hereby repealed;
  6. That By-law No. 2011-0008 being a by-law to establish a 150th Anniversary Planning Advisory Committee and any amendments thereto are hereby repealed;
  7. That By-law No. 2011-0006 being a by-law to establish a Green Energy Task Force Advisory Committee and any amendments thereto are hereby repealed; By-law No. 2013-0020 – County of Frontenac Procedure By-law May 15, 2013

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AGENDA ITEM #b)

  1. That By-law No. 2011-0022 being a by-law to establish a Joint Accessibility Advisory Committee and any amendments thereto are hereby repealed;
  2. That this by-law shall come into force and take effect on the date of final passing. Read a First and Second Time this 15th day of May, 2013. Read a Third Time, Signed, Sealed and Finally Passed this 15th day of May, 2013. The Corporation of the County of Frontenac

Janet Gutowski, Warden

K. Elizabeth Savill, Clerk

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AGENDA ITEM #b)

Consolidated Copy Amendments Title

By-law No. 2013-0024 to Appoint members to various Committees 2014-0003 Establishment of a Seniors Task Force 2014-0007 Township appointments to the Seniors Housing Task Force 2014-0012 Township appointments to the Seniors Housing Task Force 2014-0019 Updates and Housekeeping amendments 2014-0033 Term of Appointments to Committees 2014-0037 Schedule C5 – Youth Advisory Committee 2015-0002 Amendments to Procedural by-law 2015-0003 Change of Composition, 150th Anniversary Planning Advisory Committee 2015-0016 to amend By-law No. 2013-0020 (Trails Advisory Committee Mandate) 2015-0029 to establish the Community Development Committee

Date of Passage May 15, 2013 Jan. 15, 2014 Feb. 19, 2014 Mar. 19, 2014 Apr. 16, 2014 Jul. 16, 2014 Sep. 17, 2014 Jan. 21, 2015 Jan. 21, 2015 Mar. 18, 2015 July 15, 2015

Committee Appointments 2015-0005 2015-0017

2015-0021

To Appoint Council & Comm. Members to Advisory Committees to Appoint Members of Council and Members of the Community to Frontenac County Advisory Committees for the Term of Council (SHTF and TAC) being a by-law to appoint Members of Council and Members of the Community to Frontenac County Advisory Committees for the Term of Council

Jan. 21, 2015 Mar. 18, 2015

Apr. 15, 2015

Office Consolidation – April 16, 2015

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AGENDA ITEM #b)

CORPORATION OF THE COUNTY OF FRONTENAC BY-LAW NO. 2013-0020 – SCHEDULE A PROCEDURE BY-LAW INDEX 1…Interpretation ………………………………………………………………………………………… 6-8 2…Application …………………………………………………………………………………………… 8-9 3…Locations, Meeting Times and Notice of Regular Council Meetings ………………… 9 4…Membership on Council ……………………………………………………………………….. 9-10 5…Election of Warden …………………………………………………………………………….. 10-11 6…Meetings of Council …………………………………………………………………………… 11-13 7…Special Meetings of Council ……………………………………………………………………. 13 8…Emergency Meetings of Council ………………………………………………………….. 13-14 9…Quorum for Council………………………………………………………………………………… 14 10. Agenda ………………………………………………………………………………………………… 14 11. Order of Business ……………………………………………………………………………… 14-15 12. Council Minutes …………………………………………………………………………………….. 16 13. Duties of the Warden …………………………………………………………………………. 16-17 14. Duties of the Deputy Warden………………………………………………………………. 17-18 15. Duties of Members ……………………………………………………………………………. 18-19 16. Disclosures of Pecuniary Interest …………………………………………………………….. 19 17. Deputations and/or Presentations ……………………………………………………….. 19-20 18. Rules of Debate …………………………………………………………………………………….. 21 19. Motions ……………………………………………………………………………………………. 21-23 20. Specific Motions ……………………………………………………………………………….. 23-24 21. Notices of Motion …………………………………………………………………………………… 25 22. Voting ……………………………………………………………………………………………… 25-27 23. Public Question Period …………………………………………………………………………… 27 24. Other Business ……………………………………………………………………………………… 27 25. By-Laws …………………………………………………………………………………………… 27-28 26. Committees ……………………………………………………………………………………… 28-32 27. Amendment to the By-law……………………………………………………………………….. 32 By-law No. 2013-0020 – County of Frontenac Procedure By-law May 15, 2013

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AGENDA ITEM #b)

  1. Conflict ………………………………………………………………………………………………… 32
  2. Advisory Committees of County Council – Schedule B …………………………… 33-42 Schedule B1 – Joint Accessibility Advisory Committee …………………………… 33-34 Schedule B2 – Trails Advisory Committee …………………………………………….. 35-36 Schedule B3 – Sustainability Advisory Committee ……………………………………… 37 Schedule B4 – 150th Anniversary Planning Advisory Committee ………………. 38-39 Schedule B5 – Service Delivery and Organization Review Committee ………….. 40 (Repealed by By-law 2014-0019 passed April 16, 2014) Schedule B5 – Seniors Housing Task Force …………………………………………. 41-42 Schedule B6 – Community Development Advisory Committee ………………… 43-44
  3. External Boards and Committees – Schedule C …………………………………….. 45-46 Schedule C1 – Kingston Frontenac Public Library Board …………………………….. 45 Schedule C2 – Kingston, Frontenac, Lennox & Addington Public Health, Board of Health ……………………………………………………………….. 45 Schedule C3 – Rural/Urban Liaison Advisory Committee (RULAC) ………………. 45 Schedule C4 – Algonquin Land Claim Municipal Advisory Committee …………… 45 Schedule C5 – Frontenac County Youth Justice Advisory Committee ………. 45-46 Schedule C6 – Rideau Corridor Landscape Strategy Steering Committee……… 46 Schedule C7 – Housing and Homelessness Advisory Committee …………………. 46
  4. Schedule D – Council Liaisons ………………………………………………………………… 47

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AGENDA ITEM #b)

  1. Interpretation Use of Pronouns Headings

1.1 1.2 1.3

Definitions

Throughout this by-law, the words “he” and “his” shall, where appropriate, be deemed to read “she” and “her” Headings are inserted in this by-law for ease of reference only and are not to be used as interpretation aids In this by-law: (a) “Agenda” means the Order of the Day (b) “Briefings” A verbal update to County Council or Committees of County Council by County Staff or consultants to the County or someone with expertise who has been invited by County Council or Committee; briefings are limited to 10 minutes (c) “CAO” means the Chief Administrative Officer of The Corporation (d) “Chair” means the person presiding at a meeting (e) “Clerk” means the Clerk of The Corporation, or the Deputy Clerk acting in the Clerk’s absence or, in the absence of both the Clerk and the Deputy Clerk, another Department Head appointed by Council resolution, except in the context of Committee activities where the Clerk may delegate responsibility to another member of County staff (f) “Closed Meeting” means a meeting or a part of a meeting of Council or a Committee, which is not open to the public in accordance with the Municipal Act, 2001 and any amendments thereto (g) “Closed Meeting Investigator” means the body authorized by Council to investigate requests for a closed meeting investigation (h) “Committee” means any standing committee, subcommittee, advisory committee or task force established by County Council (i) “Committee Chair” means the person presiding at a Committee meeting (j) “Committee of the Whole” means a meeting of Council at which the rules in this by-law with respect to the number of times a member may ask a question or speak to an issue do not apply, with the exception to Delegations (k) “Committee Vice-Chair” means the Vice-Chair of a Committee, who shall act in the Chair’s absence (l) “Council” means the Council of the Corporation (m)“Corporation “means the Corporation of the County of Frontenac (n) “Deputant” means the presenter for the deputation in attendance at a Council or Committee meeting

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Commented [RH1]: Is a committee of the whole really required for all meetings? Can we not have the COW set for special meetings only? Why restrict questions during a regular council debate at regular meetings?

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AGENDA ITEM #b)

(o) “Deputation” means an address to Council or Committee made at the request of a person wishing to speak (p) “Deputy Warden” means the position appointed to fulfill the responsibilities of the Warden in his absence (q) “Ex Officio” means the Warden who by virtue of office shall be a member of all Committees and shall have the same rights and privileges as other members of the respective committee (r) “Holiday” means: New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Christmas Day, Boxing Day (s) “In Writing” means handwritten, typewritten or electronically displayed (t) “Majority Vote” means an affirmative vote of more than one half of the Members present and voting. The Mayor of South Frontenac’s vote counts as 2 votes. (u) “Meeting” means a majority of the Members of Council or Committee that comes together for the purpose of exercising the power or authority of the Council or Committee or for the purpose of doing the groundwork necessary to exercise that power or authority (v) “Member” means a Councillor of the Corporation and for Committees as defined in 1(f), shall mean a person appointed to the Committee (w)“Minutes” means a record, without note or comment, of all resolutions, decisions and other proceedings of Council and Committee Meetings (x) “Motion to Call the Question” means a motion to close debate and bring Council to a vote on a pending question (y) “Motion to Defer” means a motion to delay consideration of a matter until later in the same meeting or to a future meeting of Council or a Committee (z) “Motion to Receive” means a motion to acknowledge the particular item, report or recommendation under consideration and to have it placed in the records of Council with no additional action being taken (aa) “Motion to Refer” means a motion to dispose of a question under consideration, with or without any proposed amendment, in order to seek consideration by, and, if deemed desirable, one or more reports from any designated committee, body or official (bb) “Motion to Table” means a motion to postpone without setting a definite date as to when the matter will be considered again (cc) “Pecuniary Interest” means a direct or indirect By-law No. 2013-0020 – County of Frontenac Procedure By-law May 15, 2013

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AGENDA ITEM #b)

pecuniary interest of a Member of Council within the meaning of the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as amended (dd) “Point of Order” means a question by a Member with a view to calling attention to any issue relating to the Procedure By-law or the conduct of Council’s business or in order to assist the Member in understanding Council’s procedures, making an appropriate motion, or understanding the effect of a motion (ee) “Point of Privilege” or “Personal Privilege” means a question by a Member who believes that another Member has spoken disrespectfully towards that Member or another Member or who considers that his integrity or that of a Member or County official has been impugned or questioned by the Member (ff) “Present” means physically in attendance at the meeting (gg) “Presentation” means an address to Council or Committee at the request of Council, a Committee or staff (hh) “Quorum” as it relates to Council and its Committees means a majority of the members (ii) “Recorded Vote” means a written record to be included in the minutes of the meeting of the name and vote of every Member voting on any matter or question (jj) “Resolution” means the decision of Council or its Committees on any motion (kk) “Time Sensitive Items” means those items on the agenda or addendum where action must be taken prior to the next regularly scheduled meeting of County Council; (ll) “Two-thirds majority vote” means an affirmative vote of at least two-thirds of the Members present. The Mayor of South Frontenac would count as 2 votes. (mm) “Warden” means the Head of Council of The Corporation 2. Application 2.1 General

2.2 Statutory Requirements

The rules of procedure set out in this by-law shall govern all proceedings of Council and its Committees. Any part or parts of this by-law may be suspended, by resolution clearly indicating the purpose and intent of the suspension, if agreed upon by two-thirds majority vote of the Members present, provided the motion is in order. Notwithstanding anything in this by-law, where Council or a Committee convenes for the purpose of holding a meeting as required by any statute, the provisions of the statute and the Statutory Powers Procedure Act, as

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AGENDA ITEM #b)

Rules of Order not Covered

Date of Inaugural Session

Clerk to Act as Chair

Council Meeting Dates & Locations

applicable, shall govern the proceedings. Any provision not made in this by-law shall be decided in accordance with Robert’s Rules of Order and the Chair shall submit the ruling without debate. 3. Locations, Meeting Times and Notice of Regular Meetings of Council 3.1 The Council shall, in accordance with this by-law, hold its first Meeting on the third Wednesday in December at 9:00 a.m., unless otherwise directed by a resolution of Council. 3.2 The election of Warden and Deputy Warden shall be the first Agenda items of the inaugural Meeting of Council, and the Clerk shall act as Chair until the Warden and Deputy Warden are elected. (Amended by By-law 2014-0019 passed April 16, 2014) 3.3 Subsequent regular Council Meetings, not otherwise specially provided for, shall be held on the third Wednesday of each month at 9:00 a.m. unless a closed meeting is required at which point regular meetings shall commence at 9:30 a.m.at the County Administrative Offices, 2069 Battersea Road, Glenburnie unless otherwise directed by a resolution of Council. 2.3

3.4 Notice to Members

3.5 Notice to Media, Constituent Municipalities and Public

No regular Council meeting shall be held in August. (Amended by By-law 2014-0019 passed April 16, 2014) Notice of regular Meetings, including agendas, minutes, and supporting documents shall be provided via electronic mail by the Friday preceding the date of the Council Meeting. Alternative formats shall be made available upon request of the member. Notice may be provided by telephone or personal contact in case of an emergency. Notice of regular Meetings shall be given by posting agendas and supporting documentation on the County’s web site. In the event an agenda is amended, it shall be reposted as an amended agenda. To meet accessibility needs, alternative formats shall be made available upon request.

  1. Membership on Council 4.1 Certificate of Election 4.2 Declaration of Office

No person shall take a seat on Council until the Clerk has received the certificate of election from the Clerk of the lower tier municipality as established by Section 232 of the Municipal Act, 2001 and amendments thereto. In accordance with the provisions of Section 232 of the Municipal Act, 2001 and amendments thereto, no person shall take a seat on Council until the person takes the Declaration of Office in the form established by the

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Commented [RH2]: Should the make-up of Council not be described here as per bylaw 2009-0042? How do we address the makeup of Council to discuss going back to four members of Council versus having eight members of Council as per bylaw 20090042?

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AGENDA ITEM #b)

4.3

Appointment of Alternate Member

Minister for that purpose. The Clerk shall administer the Declarations of Office. Pursuant to Section 267 of the Municipal Act, 2001 and amendments thereto, if a Member of County Council is unable to act as a Member of County Council for a period exceeding one month, the local municipal council may appoint one of its Members as an Alternate Member of County Council to act in place of the Member until the Member is able to resume acting as a Member of County Council. The Alternate Member shall not take his seat on County Council until the Clerk of the County has received a certified copy of the appointment by-law passed by the lower tier municipality naming the Alternate.

  1. Election of Warden and Deputy Warden 5.1 Term of Office Eligibility to hold office of Warden and Deputy Warden Presiding Officer Nominations Candidates Stand for Election

5.2

5.2 5.3 5.4

5.5 Nominators to Speak 5.6 Candidates to Speak Secret Ballot

5.7 5.8

Number of Votes 5.9 Tie for Lowest Member of Votes

The term of office of the Warden and Deputy Warden shall be 1 year unless re-elected to remain in Office by Council. Only the Mayors of the Townships are eligible to hold the office of Warden and Deputy Warden. The election of the Warden shall be conducted by the Clerk. Nominations shall be received until Council by Motion closes the nominations. Once nominations have been closed, the Clerk shall determine the willingness of each candidate nominated to stand for election. Each mover and seconder of those candidates who stand for election shall be entitled to speak once in support of their candidate for a maximum of five minutes. Each candidate who stands for election may make a presentation to Council, not to exceed five minutes in duration. The election of the Warden shall be by secret ballot under the authority and the direction of the Clerk. Pursuant to Section 233 of the Municipal Act, 2001 and amendments thereto, for the purposes of election of Warden, each Member of County Council shall have one vote. If no candidate for Warden receives a majority of the votes cast, the candidate receiving the fewest votes shall be eliminated from the next secret ballot. In the case of a tie for the fewest votes, there will be a second vote of the candidates that tied to determine which candidate will be eliminated from the ballot.

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Commented [RH3]: Would like to discuss this and make it the full four year term for each. We stated we are going to rotate these positions annually and I feel we should be following the election protocol for a four year term with having elections only if the majority of Council feels the Warden and/or the Deputy Warden are not fulfilling their duties as required.

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AGENDA ITEM #b)

5.10 Equality of Votes

5.11 Acclamation of Warden Election of Deputy Warden Destruction of Ballots

5.12 5.13

In the case of an equality of votes for Warden, the successful candidate shall be determined by the Clerk placing the names of the candidates on equal size pieces of paper in a receptacle and one name shall be drawn by a person named by the Clerk. The successful candidate shall be the one whose name was drawn. Where only one person is nominated for Warden and nominations have been closed by resolution, the Chair shall declare that person elected to the office in question, by acclamation. The same process shall be followed for the election of the Deputy Warden as for the Warden. All ballots shall be destroyed by shredding them following the election of Warden and Deputy Warden.

  1. Meetings of Council 6.1

Protocols for Beginning Session

Clerk to be in Attendance at all Meetings of Council

6.2

6.3 Recording of Council Meetings

6.4

Committee of the Whole

6.5

At the hour appointed, when a Quorum is present, the Warden shall take the Chair and call Council to order. The Clerk shall record in the minutes attendance of Members of County Council, County Staff, Members of Township Councils, Township Staff and Media. If a Member of Council arrives late or leaves before final adjournment, the Clerk shall note the time of arrival or departure in the minutes. The Clerk shall be in attendance at all times for a Meeting of Council to be properly constituted. In addition, the Clerk shall be free of potential conflicts and independent of the proceedings. Members of the public, including accredited and other representatives of any news media, may use cameras, recording equipment, television cameras, and any other devices of a mechanical, electronic, or similar nature to transcribe or record Council Meetings. These devices may not be used in such a way as to obstruct the proceedings of the Meeting. Council may meet as Committee of the Whole to consider any matter it decides. Council may meet as Committee of the Whole during a regular Meeting of Council if included on the agenda. Council may meet as Committee of the Whole during a regular Meeting when it is not included on the agenda by way of motion and a 2/3 vote of the members who are present and voting. Council may also hold a separate Meeting to meet as Committee of the Whole should the need arise. If a separate meeting is required, Committee of the Whole meetings will be held on the first Wednesday of the month. Repealed by By-law 2015-0002

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AGENDA ITEM #b)

6.6

Closed Meetings

6.7 Written Resolution for Closed Meetings 6.8

Introducing New Business at a Closed Meeting

Closed Meeting Documentation to

6.9

All regular and special Meetings of Council shall be open to the public, except that a Meeting or part of a Meeting may be closed to the public if the subject matter being considered relates to: 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 matters before administrative tribunals, affecting the municipality or local board; 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 another Act; h) The Meeting is held for the purposed of educating or training the members and 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. 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 is the head of the institution for the purposes of the Act. A written resolution outlining the general nature of the subject matter is required before going into a closed Meeting and in the case of a closed Meeting held under 6.5(h), the resolution shall state the general nature of the subject matter to be discussed. If a member of Council wishes to introduce new business at a closed Meeting, it must be introduced in open session at the confirmation of the agenda. When the Council resolves into a closed session, the Council member advise on the nature of the new business and the County Council, by majority vote, will determining if the matter will be dealt with in the closed session. No debate on the issue will take place until the motion to deal with the new business has been decided in the majority. All information, documentation and/or deliberations received, reviewed or taken in a closed Meeting,

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Commented [RH4]: Need to define staff inclusion at closed meetings as I notice some staff at closed that are there but do not need to be. Staff need to be there if the matter requires their input.

Commented [RH5]: Need an explanation of this. Is a training session really a closed meeting?

Commented [RH6]: We do not discuss the agenda in open as we move right to closed. Do we need to review the agenda in open somehow or do we remove this altogether.

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AGENDA ITEM #b)

Remain Confidential Closed Meeting Investigations

6.10

including agendas and minutes shall, remain confidential and shall not be released to the public. Upon receipt of a request for a closed Meeting investigation, the Clerk shall refer the matter to the Closed Meeting Investigator.

  1. Special Meetings of Council Warden’s Request

7.1 7.2

Request by Members Responsibility for Notice

7.3 7.4

Minimum Notice Items of Business

7.5 7.6

Validity of Meeting 7.7 Notice to Media, Constituent Municipalities and Public 7.8 Joint Council Meetings

The Warden may, at any time summon a Special Meeting of Council. The Clerk shall, upon receipt of a written petition of the majority of the Members, call a Special Meeting for the purpose and time mentioned in the petition. The Clerk shall provide all Members with at least fortyeight (48) hours notice of a Special Meeting. Minimum Notice shall consist of a telephone message to all Members followed by an electronic Notice and Agenda. The only business to be dealt with at a Special Meeting is that which is identified in the Notice of the Meeting. The lack of receipt of a Notice or of an Agenda for a Special Meeting by any Member shall not affect the validity of the Meeting or any action taken thereat. Notice for Special Meetings of Council shall be posted as soon as practical after being established on the County’s web site. Agendas and supporting documentation shall be posted as soon as practical prior to the Special Meeting and in the event an agenda is amended, it shall be re-posted as an amended agenda. County Council may host a joint Meeting of the constituent lower tier Municipal Councils and County Council for a topic(s) that is common to all municipalities within the County. These Meetings shall be considered Special Meetings of County Council and procedural rules as outlined in this by-law shall apply.

  1. Emergency Meetings of Council 8.1 Warden’s Authority

8.2 Items of Business

Notwithstanding any other provision of the By-Law, an Emergency Meeting to deal with an emergency or extraordinary situation may be called by the Warden without written notice, provided that an attempt has been made by the Clerk to notify the Members about the Meeting as soon as possible and in the most expedient manner available. No business except business dealing directly with the emergency or extraordinary situation shall be considered at the Emergency Meeting.

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AGENDA ITEM #b)

8.3 Validity of Meeting Notice to Media and Public

8.4

The lack of receipt of a Notice or of an Agenda for an Emergency Meeting by any Member shall not affect the validity of the Meeting or any action taken thereat. Notice and supporting documentation shall be posted on the County’s web site as soon as practical.

  1. Quorum for Council 9.1 Quorum – Council 9.2 No Quorum at Beginning

Loss of Quorum During Meeting

9.3

9.4 No Quorum Possible

Responsibility of Notice

9.5 9.6

Municipal Conflict of Interest Act

Quorum as it relates to Council shall consist of a majority of the members. (Quorum for Frontenac County Council is 5 members) If a quorum is not present at a scheduled Meeting fifteen (15) minutes after the scheduled commencement time, the Meeting shall stand adjourned until the date of the next regular Meeting and the Clerk, shall record the names of the Members present. If a quorum is lost during a Meeting then the Meeting shall stand adjourned and all unfinished business shall be carried forward to the next Meeting. Should it become known in advance of a regularly scheduled or special Meeting of Council that a quorum of members will not be present, or due to inclement weather, the Warden shall cancel the Meeting and reschedule it for the earliest possible time. The Clerk shall provide all Members with at least fortyeight (48) hours notice of a rescheduled Meeting. Notwithstanding Section 9.3, where the number of Members, who by reason of the provisions of the Municipal Conflict of Interest Act, are prohibited from participating in a Meeting is such that, at that Meeting, the remaining Members are not of sufficient number to constitute a quorum, then the remaining number of Members shall be deemed to constitute a quorum.

  1. Agenda 10.1 General

Agenda Items due to Clerk

10.2

The Clerk, in consultation with the Warden, shall have prepared and delivered to the Members a minimum of five days prior to the Meeting of Council an electronic agenda, including staff reports, by-laws and background information, for their review and consideration in accordance with Section 3.4 of this By-Law. All items of business for the agenda of a regular Meeting of Council shall be received by the Clerk’s Department by 4:00 p.m. 12 days prior to the date of the meeting.

  1. Order of Business 11.1 Agenda Order

The business of Council shall be taken in the order in which it stands upon the agenda as follows:

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AGENDA ITEM #b)

11.2 Unfinished Business

11.3

Briefings

Call to Order Closed Meeting Adoption of the Agenda Disclosure of Pecuniary Interest and General Nature Thereof

(Amended by By-law 2015-0002 passed January 21, 2015) When any business matter from an agenda is left unresolved of at the time of adjournment, either for want of a quorum or otherwise, such business shall be taken up in succession at the next Meeting of the Council as unfinished business, or at a Special Meeting of Council as summoned by the Warden pursuant to Section 7.1. Briefings are allowed at the beginning of the Meeting or when the issue arises on the agenda. Briefings are limited to 10 minutes, unless an extension has been recommended by the Chief Administrative Officer due to the importance of the subject and approved by Council by a simple majority. (Amended by By-law 2014-0019 passed April 16, 2014)

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  1. Council Minutes 12.1 Minutes Content 12.2

Adoption of Minutes

The minutes of Council as taken by the Clerk, shall consist of a record of all proceedings taken in the Council and pursuant to the Municipal Act, 2001 and any amendments thereto, shall be without note or comment. Minutes of all open Meetings of Council shall be adopted at the next regular Meeting of Council and the Warden and Clerk shall then sign such minutes. Minutes of all closed Meetings of Council shall be adopted at the next closed Meeting of Council and the Warden and Clerk shall then sign such minutes. Members of County Council may ask questions of clarification of the minutes.

  1. Duties of the Warden 13.1

Responsibilities

13.2 Expulsion Warden to Participate

13.3

In addition to the responsibilities of the head of council as set out in the Municipal Act, 2001 and any amendments thereto, it shall be the duty of the Warden: a) To preserve order and decorum and decide all questions of order, subject to an appeal to the Council b) To receive and submit, in the proper manner, all motions presented to the Members of the Council c) To put to vote all questions which are properly brought before Council or necessarily arise in the course of proceedings, and announce the results d) To rule on all procedural matters, without debate or comment e) To decline to put to a vote motions which do not comply with the rules of procedure, or which are not within the jurisdiction of Council f) To restrain the Members, within the rules of order, when engaged in debate g) To call by name any Member persisting in breach of the rules of order of the Council and may order the Member to vacate the Council Chamber h) To adjourn or suspend the Meeting if the Warden considers it necessary because of grave disorder i) To authenticate, by signature, all by-laws, resolutions and minutes of the Council; j) To represent and support the Council, declaring its will and implicitly obeying its decisions in all things. The Warden may expel or exclude from any Meeting any person or Member whom the Warden feels has exhibited improper conduct during a Meeting of Council. a) The Warden (or Chair) may ask or answer questions

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in Discussion

Absence of Warden

Absence of Warden and Deputy Warden

Voting

and comment in a general way without ceding the chair. b) If the Warden (or Chair) wishes to speak on a motion or take a definite position and try to persuade Council to support that position, then the Warden (or Chair) must call on the Deputy Warden (or ViceChair of a Committee) to take over the chairing of the Meeting until the Warden has finished speaking. c) If the Warden (or Chair) wishes to make a motion, then the Warden (or Chair) must call on the Deputy Warden (or Vice-Chair) to chair the Meeting until the motion has been resolved. 13.4 If the Warden does not attend a Meeting of Council within fifteen (15) minutes after the time appointed, the Deputy Warden shall preside until the arrival of the Warden and the Deputy Warden shall have vested in him all the powers as given by this by-law to the Warden while presiding at the Meeting. 13.5 In the absence of the Warden and the Deputy Warden, the Clerk shall convene the Meeting until a Chair, chosen by the Council shall preside during such absence and shall while in the Chair have vested in him all the powers as given by this By-Law to the Warden. 13.6 The Warden may vote on any matter at his discretion with the exception of a recorded vote at which time voting is required. 14. Duties of Deputy Warden (Added by By-law 2015-0002) 14.1 In addition to the responsibilities of performing the duties of the Head of Council in the absence of the Warden:

Responsibilities

14.2 Clarification

  1. Act as Chair of the Committee of the Whole.
  2. Be prepared to assume the duties of the Warden.
  3. Meet regularly with the Warden to be briefed on political matters such as the work of the Eastern Ontario Wardens Caucus.
  4. Support and attend meetings of a political nature at the request of the Warden.
  5. Be generally familiar with executive requirements of the County.  The duties of the Deputy Warden do not include ex officio responsibilities on Committees. Other than noted above, appointment to the position of Deputy Warden does not confer any additional powers or duties upon the incumbent in the general execution of

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duties defined as a County Councillor. 15. Duties of Members 15.1

Legislative Responsibilities

15.2

Prohibitions

It is the role of Members of County Council: a) To represent the public and to consider the wellbeing and interests of the County; b) To develop and evaluate the policies and programs of the County; c) To determine, as applicable, which services the County provides; d) To ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council; e) To ensure the accountability and transparency of the operations of the County, including the activities of the senior management of the County; f) To maintain the financial integrity of the County; and g) To carry out the duties of Council under the Municipal Act or other Act. No Member shall: a) Speak disrespectfully of any Member of Federal or Provincial parliaments, the Council, any constituent municipality, any member or any official or employee of the County; b) Use offensive words or unparliamentary language; c) Speak in a manner that is discriminatory in nature on the basis of the individual’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability; d) Engage in private conversation while in the Council Meeting or use electronic devices (including but not limited to BlackBerrys, cellular phones or pagers) in a manner which interrupts the proceeding of the Council; e) Leave his seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced; f) Speak on any subject other than the subject under debate; g) Where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of deliberations of the closed Meeting;

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h) Criticize any decision of the Council except for the purpose of moving that the question be reconsidered; or i) Disobey the rules of the Council or a decision of the Chair or of the Council on questions of order or practice or upon the interpretation of the rules of the Council. In case a Member persists in any such disobedience, after having been called to order by the Warden, the Warden shall not recognize that Member, except for the purpose of receiving an apology from the Member tendered at the Meeting or any subsequent Meeting. 16. Disclosures of Pecuniary Interest 16.1

Method of Disclosure

16.2 Closed Meetings

16.3 Absence – Disclosure at Next Meeting

16.4 Record of Disclosure

Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall, in accordance with the Municipal Conflict of Interest Act: a) Prior to any consideration of the matter at the Meeting, disclose the Member’s interest and the general nature thereof; and b) Not take part in the discussion of, or vote on any question in respect of the matter, and c) Not attempt in any way whether before, during or after the Meeting to influence the voting on the matter. Where a Meeting is not open to the public, in addition to complying with the requirements of the Municipal Conflict of Interest Act, 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 by reason of the Member’s absence from a particular Meeting, the Member shall disclose the Member’s interest and otherwise comply at the first Meeting of the Council or Committee, as the case may be, attended by the Member after the particular Meeting. The Clerk shall record in reasonable detail the particulars of any disclosure of pecuniary interest made by a Member, and this record shall appear in the Minutes of that Meeting.

  1. Deputations and/or Presentations 17.1 Request for Deputation

Any person desiring to present information orally on matters of fact or to make a request of Council shall give notice and disclose the subject matter to the Clerk not

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17.2 Deputation Material 17.3 Authority to Approve or Deny 17.4 New Information Only

Exceptions to Ten Days’ Notice Requirement

17.5

17.6 Time Limits Number of Deputations Number of Speakers Addressing the Warden

17.7 17.8 17.9 17.10

Behaviour

17.11 Curtailment of Time

17.12 Conduct

less than ten days preceding the Council Meeting at which such person desires to be heard. In order to be scheduled as a deputation before Council, a person shall submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the Council Meeting. The Clerk, in consultation with the Warden, shall have the authority to deem a deputation inappropriate or outside the scope of Council authority and deny the item a place on the agenda. Except as required by law, any person appearing before Council or a Committee who has previously appeared before Council or the same Committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances. Under extenuating circumstances, exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk. Each deputation shall be limited to not more than a total of ten (10) minutes. Extensions to these limits will be at the discretion of the Warden. A maximum of two (2) deputations may address Council per Meeting. The number of speakers for one deputation shall be limited to two, unless authorized by Council resolution. All deputants shall address the Warden, shall state their name and whom they represent. No deputant shall: a) Speak disrespectfully of any person; b) Use offensive language; c) Speak on any subject other than the subject for which he has received approval to address Council; d) Disobey the rules of procedure or a decision of the Warden or Council. The Warden may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this by-law, and, if the Warden rules that the deputation is concluded, the person or persons appearing shall withdraw. Members of the public who constitute the audience at a Meeting, shall not: a) Address Council or Committee without permission; b) Bring signage, placards or banners into such Meetings and refrain from any activity or behavior that would affect the Council deliberations.

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  1. Rules of Debate 18.1 Recognition of Member 18.2 Order of Speakers 18.3 Interruptions 18.4 Read Motion Five Minutes

18.5 18.6

Speak Once 18.7 Questions

18.8 Points of Order and Privilege

Warden to Rule on Point Challenge Decision Final Idem

18.9

18.10 18.11 18.12

To address Council, a Member shall request to speak, be recognized by the Warden and direct all comments through the Warden. When two or more Members indicate their desire to speak at the same time, the Warden shall designate the order of speakers. When a Member is speaking, no other Member shall interrupt the Member speaking, except to raise a point of order, privilege or personal privilege. Any Member may require a motion or question under discussion to be read at any time during the debate, but not so as to interrupt the Member speaking. No Member shall speak for longer than five minutes on a question without Council’s permission. No Member shall speak more than once to the same question without Council’s permission, except that a reply shall be permitted only from a Member who has presented the main motion. A Member may ask a question only for the purpose of obtaining information relating to the matter under discussion and the question shall be stated succinctly and asked only of the Warden, the previous speaker or County staff. When a Member rises on a point of order, point of privilege or point of personal privilege, the Member shall ask leave of the Warden to raise the point. After leave is granted, the Member shall state the point to the Warden and then remain silent until the Warden has ruled upon the point. Subject to being overruled by Council on a vote which shall be taken immediately and without debate, the Warden shall rule on the point. Any Member may challenge the ruling of the Warden immediately following the ruling. The Warden’s ruling is final unless it is challenged. Council’s decision is final if the Warden is challenged.

Commented [RH7]: How does this allow for a debate, is this really required?

  1. Motions 19.1 Jurisdiction 19.2 Putting a motion on the agenda

A motion or notice of motion in respect of a matter which is not within the jurisdiction of Council shall not be in order and shall not be considered by Council. a) Motions introducing new matters must be in the hands of the Clerk by Noon on the Friday prior to the regular County Council or Committee Meeting for inclusion on the agenda. b) Every motion must be in writing and have a mover

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Motions for which Notice has not been given

19.3

19.4 Withdrawal of Motions

19.5

Motions Introduced Orally

Motions to be in Writing Motions to be Seconded Motion to Refer Takes Precedence over Amendments

19.6 19.7

19.8

19.9 Mover May Vote in Opposition 19.10 Motion to continue past 1 p.m.

and seconder before being submitted to the Clerk for inclusion on the agenda. c) All motions will be placed in the order in which they are received. Motions for which notice has not been previously given shall only be considered if agreed upon by a two-thirds majority vote of the Members present. After a motion has been proposed and seconded, and placed in the hands of the Warden, it shall be considered to be in the possession of Council but may be withdrawn with the consent of the mover and the support of a majority of Council. The following may be introduced orally without written notice and without leave of Council: a) A point of order, privilege or personal privilege b) Presentation of petitions c) A motion to waive or suspend the rules of procedure d) A motion to recess e) A motion to adjourn f) A motion to call the question g) A motion to separate the question h) A motion that Council resolve itself into a closed Meeting i) A motion to receive an item j) A motion to table an item k) A motion to lift from the table l) A motion to refer m) A motion to defer n) A motion to amend, and o) A motion to adopt a recommendation. Except as provided in Section 18.5, all motions and notices of motion shall be in writing. A motion shall be moved and seconded before being open for discussion and consideration. Motions under Sections 18.5 (a) and (b) do not require a seconder. A motion to refer, until it is decided, shall precede all amendments of the main question. A member may move a motion in order to initiate discussion and debate and that Member may vote in opposition to the motion. A seconder of a motion may also vote in opposition to the motion. a) A motion carried by a two-third vote of the members present and voting will extend the meeting. The Mayor of South Frontenac shall have two votes. b) At 12:45 p.m. the Warden will ask if Council wishes to proceed beyond 1:00 p.m. A motion put forward

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must stipulate the purpose of the extension (i.e. to complete the agenda in its entirety, or a certain portion of the agenda, or that the extension is for a specific period of time). c) If a two-thirds vote is not achieved to extend the meeting, Council will consider the time sensitive items, and at 12:55 p.m. Council will move directly to by-laws. 20. Specific Motions 20.1 Recess

20.2

Adjourn

20.3 Call the Question

20.4

Motion to Table (postpone indefinitely)

20.5 Refer

a) A motion to recess is debatable; however debate is restricted to the length of time of the recess only. b) A motion to recess is amendable; however any amendment shall refer to the length of time of the recess only.

  1. A motion to adjourn the Council Meeting is not debatable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting, or d) when a Member has indicated to the Warden his desire to speak on the matter before Council.
  2. A motion to adjourn shall take precedence over any other motion. a) A motion to call the question is not debatable and shall be put immediately. b) A member who moved a motion to call the question shall not be allowed to speak to the question again if the motion is decided in the negative. A motion to table: a) is not amendable; b) shall apply to the motion and any amendments under debate when the motion to table is made; c) is debatable; however debate may go into only the reasons why the motion should or should not be dealt with at this time; d) if the motion to table carries, in the absence of any direction from Council, the matter may not be discussed until a Member through a Notice of Motion, brings it forward to a subsequent Meeting. A motion to refer: a) is amendable; b) is debatable; c) shall include the name of the Committee or official to whom the motion or amendment is to be referred; and d) shall include the terms upon which it is to be referred

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20.6 Defer (postpone to a certain time)

20.7

Amendment

20.8 Receive 20.9

Reconsideration

20.10

Reconsideration – General

and time or period, if any, on or within which the matter is to be returned. A motion to defer: a) is debatable; b) is amendable; c) shall include the time to or period within which, consideration of the matter is to be deferred; and d) shall include an explanation to demonstrate the purpose of the motion to defer. A motion to amend: a) is debatable b) only one motion to amend a motion shall be on the floor at any one time c) shall receive disposition of Council before a previous amendment to the question d) shall not be amended more than once before voting e) shall be relevant to the question to be received f) shall not be received proposing a direct negative to the question g) may propose a separate and distinct disposition of a question h) shall be put in the reverse order to that in which it is moved. A motion to receive, moved after the main motion, is debatable and shall be treated as an amendment to the main motion. A motion to reconsider a matter within one year following the decision of the Council shall be in order to permit correction of hasty, ill-advised or erroneous action or to take into account added information or a changed situation that has developed since the taking of the vote. A motion to reconsider is not in order if the provisions of the original motion have been partly carried out or involve a contract were the party to the contract has been notified on the outcome. a) A motion to reconsider is debatable; b) No discussion of the main question shall be allowed until the motion for reconsideration is carried by a two-thirds majority vote of the members present; c) Once the question is reopened, it is reopened in its entirety unless the reopening motion specifies otherwise; d) If the question is reopened, all previous decisions of the Council remain in force unless the Council decides otherwise; e) No motion to reconsider may, itself, be the subject of a motion to reconsider.

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  1. Notices of Motion 21.1 Timing of Notice

Notice of Motion – Disclosure of Subject Matter

21.2

21.3 Committees

A notice of motion shall be given in accordance with the Agenda of Council and shall be in writing and shall include the name of the mover and seconder. The Clerk will read any notices of motion at the designated point on the Agenda; however they will form part of the Agenda for the subsequent Meeting of Council. Any Member giving a Notice of Motion shall disclose the subject matter of the motion. Any notice of motion, the subject matter of which falls within the mandate of a Committee, shall be referred directly to that Committee by the Council unless the Council determines that it should not be first considered by the Committee, for reasons of emergency, health, safety or legal deadline.

  1. Voting 22.1

Order of Votes

22.2 Members Shall Vote 22.3

Number of Votes

Warden to State the Question Method of Voting

22.4

22.5

Motions relating to an item under consideration shall be voted on in the following order: a) A motion to waive or suspend the rules of procedure b) A motion to adjourn c) A motion to recess d) A motion to receive an item e) A motion to call the question f) A motion to defer g) A motion to refer h) A motion to amend, in reverse order of its being placed i) A motion to table an item j) The main motion. Every Member present at a Meeting of Council where a question is put shall vote on the question, unless prohibited by statute, in which case the Clerk shall so record. Subject to the exception under Section 5,8 above, every Member present at a Meeting of Council where a question is put shall have 1 vote except for the Mayor of South Frontenac who shall have 2 votes. If the Mayor of South Frontenac is absent at a Meeting, the other Councillor representing South Frontenac shall only have 1 vote. Immediately preceding the taking of a vote, the Warden shall state, if requested, the question in the precise form in which it will be recorded in the minutes. A Member shall vote by raising a hand or otherwise

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22.6

Actions During Vote

22.7 Split Votes 22.8 No Vote Deemed Negative

Warden Majority Vote Equality of Votes

22.9 22.10 22.11 22.12

Two-Thirds

22.13 Recorded Vote

Clerk to Announce

22.14

indicating the Member’s vote, except where a recorded vote is requested. When the Warden calls for the vote on a question, a) Each Member shall occupy his seat and shall remain in place until the result of the vote has been declared by the Warden, and b) During this time no Member shall walk across the room or make any other motion or speak to the question or any other Member or make any noise or disturbance. Upon the request of any Member, and when the Warden is satisfied that a matter under consideration contains distinct proposals, the vote upon each proposal shall be taken separately. If any Member present does not vote at a Meeting of the Council where a question is put and a recorded vote taken, he shall be deemed to vote in the negative except where the Member is prohibited from voting by statute. The Warden may vote on any question and shall vote in the case of recorded votes. All decisions of Council shall require a majority vote except as otherwise set out in this By-Law. Any motion that receives a tie vote shall be deemed to have been decided in the negative. The following decisions of Council require a two-thirds majority vote: a) A motion to consider a report or by-law that does not relate to a matter listed on the Agenda; b) A motion to consider a matter previously postponed indefinitely or to a time or eventuality that has not been reached or occurred under Section 19.4 of this By-Law; c) A motion to reconsider a question decided within the previous year under Section 19.10 of this ByLaw; d) A motion to suspend the provisions of the ByLaw under Section 2.1 of this By-Law; e) A motion to call the question under Section 19.3 of this By-law. A request for a recorded vote by a Member present at the Meeting shall be made prior to the commencement of the vote being taken or immediately thereafter. When a recorded vote is requested by a Member, the Clerk shall record the name and vote of every Member on the question using alphabetical order by last name for order of voting with the Warden voting last. The Clerk shall announce the result of the vote.

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Results of Vote 22.15 Request for Further Vote

If a Member doubts the results of a vote as announced by the Clerk, the Member may call for the vote to be taken again and the Warden shall request that the Members shall vote again.

  1. Public Question Period 23.1 Questions/Comments from the Public

Council will entertain questions and/or comments from the public at each Meeting at the designated point on the agenda as time permits. Questions and/or comments must pertain to an item on the agenda for that meeting unless Council directs otherwise by resolution.

  1. Other Business 24.1 Items to be Considered for Other Business with Prior Notice 24.2

Items to be Considered for Other Business without Prior Notice

Miscellaneous Business/Motions that do not warrant a staff report may be placed on the agenda under Other Business provided that the business is posted on the agenda with supporting documentation. (Added by By-law 2014-0019 passed April 16, 2014) Statement by Members – When a Councillor(s) wishes to inform Council of a matter that does not require action or consideration by Council, such information may be announced under Other Business. Matters of Urgency – When a Councillor(s) wishes to inform Council of a matter that must be considered immediately, due to extreme time constraints, Council shall determine if the matter is admissible and requires immediate action by Council, by a two-thirds majority vote. Only matters of urgency, ruled admissible by Council, shall be considered by Council without prior notice.

Commented [RH9]: Should be in 22.12?

  1. By-Laws Introduction Three Readings By-Laws Taken as Read Separate Vote Pass at One Meeting

25.1 25.2 25.3

25.4 25.5 25.6

Confirmatory By-law

All by-laws shall be introduced by motion specifying the title thereof. Every by-law shall have three readings prior to being passed. By-laws shall be taken as read for the first, second and third readings unless otherwise decided by a majority vote of Council. By request of any Member, any by-law(s) may be discussed or voted on individually. A by-law may be passed through all its stages and be finally passed at one Meeting. The proceedings of every Meeting of Council shall be confirmed by by-law at each Meeting in order that every decision of Council in that year and every resolution

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25.7 Amendments 25.8

Authorization

thereof shall be of the same force and effect as if each and every one of them had been the subject matter of a separate by-law duly enacted. All amendments to any by-laws approved by Council shall be deemed to be incorporated into the by-law and if the by-law is enacted by Council, the amendments shall be recorded by the Clerk. Every by-law once passed shall be numbered with a progressive number in the following form: four digits for the year, dash, four digits for the by-law number, (e.g. By-law No. 2010-0001 shall be the first by-law number in the year 2010), dated, duly signed by the Warden and Clerk and the Clerk shall affix the seal of the Corporation thereto.

  1. Committees 26.1 Council’s Role 26.2

Advisory Committees of County Council – Schedule B

26.3 External Boards and Committees – Schedule C 26.4 Appointment/Nominees to Other Boards 26.5 Eligible Appointees

Term of Appointment

26.6

Council shall determine the appropriate number of Committees, their membership, mandates and reporting practices. The composition and terms of reference for Advisory Committees are in accordance with Schedule B, attached hereto and forming a part of this By-Law as follows: Schedule B-1 Joint Frontenac Accessibility Advisory Committee Schedule B-2 Trails Advisory Committee Schedule B-3 Sustainability Advisory Committee Schedule B-4 150th Anniversary Planning Advisory Committee Schedule B-5 Seniors Housing Task Force (Amended by By-law 2014-0019) The Committees to which County Council makes appointments, but are not Committees of County Council, is included in Schedule C. These Committees are bound by the rules established by their governing body and do not abide by the County’s Procedural Bylaw. Appointments and nominees to other boards, such as the KFL&A Public Health Board and the Kingston Frontenac Public Library Board, shall be appointed directly by Council. Every member of a Committee must be either a member of Council or a person eligible to be elected as a member of the Council, in accordance with the Municipal Elections Act, unless approved by a majority resolution of Council. The Term of Appointment for Members of Committees shall be in accordance with the Terms of Reference of

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the Committees set out in Schedule B to this By-law.

26.7

Election of Chairs and Vice-Chairs

Removal of Chair or Vice-Chair Warden’s Membership on Committees

26.8

26.9 26.10

Clerk shall be Secretary

26.11 Delegation of Clerk’s Duties 26.12 Committee Meeting Dates & Locations

Committee members will continue to serve on a committee past the expiration of their term until they are replaced. All Council membership on all Committees end on November 30 of a municipal election year. (By-law 2014-0033) Chair and Vice-Chair of each Committee shall be elected on an annual basis by the Committee from its Members: a) Each candidate for Chair and Vice-Chair who stands for election may make a presentation to the Committee; b) The Committee shall elect a Vice-Chair to chair the proceeding in the absence of the Committee Chair; c) The Warden shall not be eligible to be the Chair or Vice-Chair of a committee; d) The Chair and Vice-Chair of committees may hold their respective positions for a maximum of four consecutive years if re-elected to do so.; e) Each Chair and/or Vice-Chair shall preside at every Meeting of their Committee, may vote on every question submitted for consideration and may require that resolutions be in writing. The Chair or Vice-Chair can only be removed by a vote of the majority of Members of the Committee or by resolution of Council. The Warden shall be an Ex-officio Member of all Committees and Task Forces. The Clerk or designate shall be the Secretary of all Committees of Council and shall be present at all Meetings. The Clerk shall record the proceedings of all Committees of Council in the form of minutes. All Committee minutes shall be directed to Council for adoption and shall be signed by the Chair and Secretary at the next Committee Meeting. Despite Section 25.9, the Clerk may delegate to any employee in the Administrative Services Department duties related to the preparation of the Agendas, giving of notice of the Meetings, recording of the minutes and general administrative support to the Committees. Committees shall establish regular Meetings dates, times and location at the beginning of each year. Meetings will be held in the County of Frontenac Administration Building. Alternative locations shall only be considered where staff capacity and resources are deemed sufficient.

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26.13 Notice to Members

26.14 Notice to Media and Public

26.15

General Role of Committees

26.16 Responsibility to Act on Recommendations 26.17

Committee Procedures

26.18 Members’ Rights

26.19 Absence of Chair and Vice Chair

Notice of Meetings including agendas, minutes and supporting documentation to the Members shall be via electronic mail, regular mail, courier or facsimile. Notice may also be provided by telephone or personal contact in case of an emergency. Notice of Meetings shall be given by posting agendas and supporting documentation on the County’s website. Notice of Meetings shall be posted as soon as practical after being established by Committees. Agendas and supporting documentation shall be posted three days prior to the Meeting and in the event an agenda is amended it shall be reposted as an amended agenda. The role of Committees shall generally be to: a) make recommendations to Council on matters which are in their jurisdiction; b) guide and request staff to provide reports on the direction and nature of policy development, fact finding, analysis and generation of public policy matters; c) receive public deputations and establish mechanisms to receive further public input on vital public policy matters. No action shall be taken on Committee recommendations until approved by Council unless: a) the responsibility has been delegated to the Committee by Council. The rules governing the procedure of the Council and the conduct of Members at Council shall be observed as far as they are applicable, and, subject to the specific rules for Committees set out in this section including: a) the number of times of speaking on any question shall not be limited; b) a majority vote shall be required to decide any matter before the Committee; c) recorded votes shall not be weighted and members shall be called to vote by last name in alphabetic order; Members who are not Members of a specific Committee may attend Meetings of that Committee and may, with consent of the Chair of that Committee, take part in the discussion, but shall not be counted in the quorum or entitled to make motions or to vote at these Meetings. In the event of the Chair of a Committee not attending the Committee at which he is to preside within fifteen (15) minutes after the time appointed for the commencement of the Meeting, the Committee Vice

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Meeting Limitation Agendas

26.20 26.21 26.22

Additional Agenda Items 26.23

Deputations

26.24 Closed Meetings Declarations of Pecuniary Interest Quorum Right to Expel Reconsideration

26.26

26.27 26.28 26.29

Chair shall call the Meeting to order and preside until the arrival of the Committee Chair. Should the Committee Vice-Chair not be in attendance at the Meeting, then, those Members in attendance shall appoint one of the Members to act in place of the Committee Chair for that Meeting. Such Member shall then call the Members to order and shall preside until the arrival of the Committee Chair or the Committee Vice-Chair. No Committee Meeting shall be held while Council is in session. The Clerk shall prepare for distribution Committee agendas. Any matter, which is within the Committee’s mandate and which is not on the Committee agenda or does not relate to a matter on the agenda, may be considered by the Committee if it agrees to add the matter to the agenda through a majority vote. Any person desiring to present information to a Committee may do so subject to the following: a) The request shall be in writing and the information to be presented shall be on matters of fact or to make a request of the Committee; b) Requests shall be made not less than ten days preceding the Committee Meeting at which such person desires to be heard; c) Exceptions to the ten days’ notice requirement required in (b) above may be approved by the Committee Chair; d) Any person who is scheduled to appear as a deputation before a Committee is requested to submit written documentation for the Committee’s consideration to the Clerk’s Department not less than five (5) days preceding the Committee Meeting; e) The rules relating to time limits, ehavior, curtailment of time and conduct shall be as set out in Section 16. No Meeting of a Committee shall be held as a closed Meeting except in accordance with Sections 6.4, 6.5 and 6.6. Members of Committees shall adhere to Section 15 with respect to declarations of pecuniary interest in Committees. A quorum as it relates to Committees of Council shall consist of a majority of the members.. The Chair has the right to expel or exclude any person from any Meeting for improper conduct. No Committee shall reconsider any question decided by

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the Council within a year after the Council decision, nor consider any other matter which could involve a decision inconsistent with a Council decision. 27. Amendment to the By-Law Majority Vote

27.1

This By-law shall not be amended or repealed except by a majority vote of Council.

  1. Conflict 28.1 Conflict with Statute

If there is any conflict between this By-law or any portion thereof and any statute, the provisions of the statute shall prevail.

This is Schedule A to By-law No. 2013-0020 passed by the Council of the County of Frontenac this 15th day of May, 2013 [Original Signed] Janet Gutowski, Warden [Original Signed] K. Elizabeth Savill, Clerk

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SCHEDULE B-1 ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

Joint Accessibility Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (i) That a Committee to be known as the County of Frontenac Joint Accessibility Advisory Committee be hereby established. (ii) That the Committee shall be comprised of not more than 7 members as follows:   

2 Members of County Council 4 Members of the Community who representative from each Township) 1 Member from the Community at large

are persons with disabilities (one

who shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council. (iii) That Committee shall adhere to the County’s Procedural By-law No. 2013-0020 and any amendments thereto, specifically Section 25 – Committees to govern all proceedings of the Accessibility Advisory Committee Meetings. (iv) The Committee shall hold a minimum of four (4) and a maximum of six (6) Meetings per year. MANDATE OF THE COMMITTEE To assist the County and Township Councils in the County of Frontenac in enabling persons with disabilities to have equal access to all opportunities within the County. DUTIES OF THE COMMITTEE The committee shall: (a) advise the councils about the legislative requirements and implementation of the accessibility standards and the preparation of accessibility reports and such other matters for which the council may seek its advice; (b) review in a timely manner the site plans and drawings described in section 41 of the Planning Act that the committee selects in terms of how they address the accessibility needs of persons with disabilities; (c) perform all other functions as specified by legislation. (d) in consultation with Council and Municipal Staff, review new and existing municipal by-laws and policies as applicable; (e) work with Council and the community at large to identify and address the needs of persons with disabilities within the community; (f) provide recommendations to Councils on the promotion of public awareness and understanding of the needs of persons with disabilities. By-law No. 2013-0020 –Schedule B - County of Frontenac Procedure By-law May 15, 2013

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SCHEDULE B-1 ADVISORY COMMITTEES continued RESPONSIBILITIES OF COUNCIL Council shall: (a) establish the Accessibility Advisory Committee and appoint its members; (b) seek advice from the Committee regarding accessibility plans and reports required to be submitted to the province; (c) seek advice from the Committee on the accessibility for persons with disabilities to a building, structure or premises, or part of a building, structure or premises, (i) that the council purchases, constructs or significantly renovates; (1) for which the council enters into a new lease; or (iii) that a person provides as municipal capital facilities under an agreement entered into with the council in accordance with the Municipal Act, 2001; and (d) when the committee selects site plans and drawings described in section 41 of the Planning Act to review, supply them to the Committee in a timely manner for the purpose of the review; and (e) have regard to the accessibility for persons with disabilities in deciding to purchase goods and services through the procurement process for the use of it by itself, by the Townships, its’ employees or the public. GENERAL (a) That Administrative Support shall be provided by the Clerk or Designate. (b) That the records of the Accessibility Advisory Committee shall be retained and preserved in accordance with the provisions of the County Records Retention bylaw. COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Joint Accessibility Advisory Committee: Council Liaison to Corporate Services (Added by By-law 2015-0002) 

Tom Dewey

One (1) Members of County Council: (Amended by By-law 2015-0002) 

John McDougall

Four (4) Representatives from the Community who are Persons with Disabilities – One (1) from each of the Four (4) Townships:  Township of North Frontenac – vacant  Township of Central Frontenac – Vacant  Township of South Frontenac – Neil Allen  Township of Frontenac Islands – Margaret Knott One (1) Representative from Community at Large:  Francine Arsenault By-law No. 2013-0020 –Schedule B - County of Frontenac Procedure By-law May 15, 2013

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SCHEDULE B-2 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

Trails Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (i) The County of Frontenac TAC shall be comprised of seven (7) members appointed by County Council as follows:  Three (3) members of County Council;  Two (2) Adjacent Landowners;  Two (2) Representatives from Major User Groups; and  One (1) CRCA Representative. (ii) The members of the County of Frontenac TAC shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council. (iii) That the Committee shall hold bi-monthly Meetings or less frequently if Meetings are not required to fulfill the mandate of the TAC.

(iv) The County of Frontenac TAC shall adhere to the County’s Procedural By-law No. 2010-0028 and any amendments thereto, specifically Section 25 – Committees for the conduct of all Meetings.

TERMS OF REFERENCE (i) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within this context, the Vision shared in the Frontenac Trails Master Plan can be read: Trails in the County of Frontenac promote sustainable and healthy communities by encouraging residents and visitors to get active while appreciating the natural beauty and rich heritage of Frontenac County. (ii) Mandate   

To provide input and suggestions regarding the execution of Implementation Plan for the Frontenac K&P Trail, To provide input and suggestions regarding other trails initiatives throughout the County including the Townships of North, Central, South Frontenac and Frontenac Islands, and To report periodically to County Council on progress on the committee’s work.

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SCHEDULE B-2 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Trails Advisory Committee: Council Liaison to Planning and Economic Development (Added by By-law 2015-0002)  John McDougall Two (2) Members of County Council: (Amended by By-law 2015-0002)  

Denis Doyle Tom Dewey

Two (2) Adjacent Landowners:  

Joan Hollywood, Central Frontenac Resident Robert Clinton (Amended by By-law 2015-0017)

Two (2) Representatives from Major User Groups:  

Dieter Eberhardt, President, L & A Ridge Runners Snowmobile Club Gary Davison

1 CRCA Representative: 

Ross Sutherland

1 Land O’ Lakes Tourist Association Representative: 

Lucas Wales (Amended by By-law 2015-0017)

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SCHEDULE B-3 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

Sustainability Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (i) The County of Frontenac SAC shall be comprised of up to six (6) members appointed by County Council as follows:  two (2) members of County Council; and  four (4) community representatives. (ii) The members of the County of Frontenac SAC shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in Schedule “A” to this By-law; (iii) That the Committee shall hold one meeting each year of their term in order to establish an annual work plan and thereafter hold e-Meetings as required. (iv) The County of Frontenac SAC shall adhere to the County’s Procedural By-law No. 2010-0028 and any amendments thereto, specifically Section 25 – Committees for the conduct of all Meetings. TERMS OF REFERENCE (i) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within the context of the Values and Principles detailed, SAC will endeavour to assist the Frontenacs reach sustainability overall and ensure strong community engagement. (ii) Mandate  To provide input and suggestions regarding the implementation of Directions for Our Future, in particular to help meet the “Commitment Towards a Sustainable Future” and the “Community Input” elements.  To report periodically to County Council and to produce an annual work plan for adoption by Council. COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Sustainability Advisory Committee: Council Liaison to Planning and Economic Development  John McDougall (Added by By-law 2015-0002) One (1) Members of County Council:  Ron Higgins (Amended by By-law 2015-0002) Four (4) Community Representatives:  Barrie Gilbert  David Hahn  Tracy John  Don Ross By-law No. 2013-0020 –Schedule B - County of Frontenac Procedure By-law May 15, 2013

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SCHEDULE B-4 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

150th Anniversary Planning Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (i) The County of Frontenac 150th Anniversary PAC shall be comprised of up to five (5) members appointed by County Council as follows:  two (2) members of County Council; and  three (3) community representatives. (ii) The members of the County of Frontenac 150 th Anniversary PAC shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in Schedule “A” to this By-law; (iii) That the Committee shall hold 2 Meetings each year of their term in order to establish an annual work plan and confirm activities and thereafter hold e-Meetings as required.

(iv) The County of Frontenac 150th Anniversary PAC shall adhere to the County’s Procedural By-law No. 2010-0028 and any amendments thereto, specifically Section 25 – Committees for the conduct of all Meetings.

TERMS OF REFERENCE (i) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within the context of the Values and Principles detailed, the 150 th Anniversary PAC will be guided by the Culture and Heritage Vision Statement: The County celebrates the arts and local history, and demonstrates the value it places on its artifacts and built heritage. Residents are part of a vibrant community that enjoys a wide range of formal and informal festivals, programs, and opportunities to create and enjoy the arts. It fosters opportunities to showcase local cultures and the values of sustainability (reflecting an integration of social, cultural, economic and environmental values) throughout the Frontenacs. (ii) Mandate  To assist County Council with the provision of suitable community-wide celebrations of the County’s 150th Anniversary.  To report periodically to County Council and to produce an annual work plan for adoption by Council. By-law No. 2013-0020 –Schedule B - County of Frontenac Procedure By-law May 15, 2013

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SCHEDULE B-4 ADVISORY COMMITTEES continued COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac 150th Anniversary Planning Advisory Committee: Council Liaison to Planning and Economic Development (Added by By-law 2015-0002)  John McDougall One (1) Member of County Council: (Amended by By-law 2015-0002)  Natalie Nossal Seven (7) Community Representatives: (Amended by By-law 2015-0003)  Pat Barr  Gary Davison  Phil Leonard  Tasha Lloyd  Barbara Sproule  Jim Vanden Hoek  Dave Woodman

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SCHEDULE B-5 – ADVISORY COMMITTEES COMMITTEE NAME:

Service Delivery and Organization Review Committee (Repealed by By-law 2014-0019 passed April 16, 2014)



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SCHEDULE B-5 – ADVISORY COMMITTEES COMMITTEE NAME:

Seniors Housing Task Force

ESTABLISHMENT OF THE COMMITTEE (1) The County of Frontenac Seniors Housing Task Force shall be comprised of four (4) members as follows: (a) Three members of County Council, specifically:  One (1) member of County Council which sits on the City of Kingston Housing and Homelessness Advisory Committee  One (1) additional member of County Council  The Mayor of the Township in which the housing matter is being considered; and (b) One Township Council representative in which the housing matter is being considered (1) The members of the County of Frontenac Seniors Housing Task Force shall hold office from the date of their appointment, at the pleasure of the Council of the County of Frontenac, not to extend past the term of Council. (1) The Committee shall hold meetings as required. TERMS OF REFERENCE: The vision of the County of Frontenac stated in Directions for Our Future is that “government decision making processes need to be clear, transparent, forward thinking and focused on the longer term, all of which depend on a strong organizational structure. There is a clear direction for land use planning, economic development, physical, social and cultural infrastructure and investment in community capacity.” The Mission and Vision Statements, adopted by County Council in January 2013 read: Mission:

The County of Frontenac’s mission is the effective, efficient and sustainable delivery of services to citizens

Vision:

The County of Frontenac is recognized for its unique pristine natural environment and lifestyle choices and commitment to – and promotion of – strong, resilient, diverse, rural communities

The Seniors Housing Task Force will be guided by these statements during its deliberations and subsequent recommendations to County Council on Seniors Housing.

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Mandate: Members of the Committee will work to ensure that there is a comprehensive understanding of affordable housing and appropriate forms of housing in the County of Frontenac as it relates to seniors housing, with a mandate to:     

To engage and consult with the local citizens to ensure local issues are brought forward to the Task Force; Provide information and advice to Council on seniors housing; Provide advice regarding the implementation of the Municipal Housing Strategy for the City of Kingston and the County of Frontenac with respect to the need for more affordable housing options for seniors living in the Frontenacs; Provide advice regarding the Seniors Housing Pilot Project Study carried out by the County of Frontenac in 2012 which provided detailed research and background information to assist in developing seniors housing pilot projects; Provide advice regarding the draft County Official Plan regarding the regional housing policies that support new seniors housing projects;

COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Seniors Housing Task Force: Three (3) members of County Council   

member of County Council which sits on the City of Kingston Housing and Homelessness Advisory Committee One (1) additional member of County Council The Mayor of the Township in which the housing matter is being considered

One Township Council representative in which the housing matter is being considered

Frances Smith

vacant Denis Doyle (A) Ron Vandewal (A) Frances Smith (A) Ron Higgins (A) Wayne Grant (A) FI Not yet appointed (A) SF Vernon Hermer (A) NF Not yet appointed (A) CF

(A) – Means alternate and will attend only if meeting is concerning their respective Township.

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SCHEDULE B-6 – ADVISORY COMMITTEE TO COUNTY COUNCIL COMMITTEE NAME:

Community Development Advisory Committee

ESTABLISHMENT OF THE COMMITTEE (v) The County of Frontenac Community Development Advisory Committee shall be comprised of eight (8) members appointed by County Council as follows:  two (2) members of County Council (plus an appointed alternate); and  six (6) community representatives. (vi) The members of the County of Frontenac Community Development Advisory Committee shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in Schedule “A” to this By-law; (vii) The Committee shall establish an annual work plan and confirm activities and thereafter meet at least six times per year. Additional meetings may be held as deemed necessary by the Committee Chair or as requested by any member. (viii) The County of Frontenac Community Development Advisory Committee shall adhere to the County’s Procedural By-law No. 2013-0020 and any amendments thereto, specifically Section 26 – Committees for the conduct of all Meetings. TERMS OF REFERENCE (iii) Goal/Vision The vision of the County of Frontenac stated in Directions for Our Future is Fresh with Opportunity Growing Vibrant, Innovative, Natural, Sustainable Places. Within the context of the Values and Principles detailed, the Community Development Advisory Committee will be guided by the Vision Statement: Fifty years into the future, the County of Frontenac is one of the most progressive municipalities in terms of community based sustainability planning because priorities and beliefs are determined through community consultation and County-wide considerations are well thought through and incorporate the four pillars of sustainability. The vision, developed to ensure the ongoing appreciation and continued improvements to our social, cultural, economic and environmental systems, strongly defines the region. (iv) Mandate Set priorities for sustainability in the Frontenacs, implementing the visions outlined in Directions for Our Future, the Economic Development Charter & Implementation Plan, and the Trails Master Plan. Key Activities 

Create short-term project teams for focused development within priorities

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   

Evaluate project team recommendations through a sustainability lens Proactively advise and inform Council to ensure decisions account for regional and long-term implications Improve community engagement in the activities that will lead to a sustainable future for the Frontenacs To report periodically to County Council and to produce an annual work plan for adoption by Council.

COMPOSITION OF THE COMMITTEE The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Community Development Advisory Committee: Council Liaison to Planning and Economic Development One (1) Member of County Council: Six (6) Community Representatives:

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SCHEDULE C – EXTERNAL BOARDS AND COMMITTEES WITH COUNTY COUNCIL APPOINTEES

  1. The Kingston Frontenac Public Library Board – one member of Council and two members of the community, appointed for the term of County Council. Provides for the information, education and leisure needs of the citizens of the City of Kingston and the Townships of Frontenac through its 5 urban and 12 rural branches; establishes policies and appoints the Chief Librarian/CEO, who administers the library under the guidance of established board policies.

  2. The Kingston, Frontenac, Lennox & Addington Public Health, Board of Health – one member of County Council, appointed for the term of County Council. This body provides advice and makes recommendations to KFLA Public Health on the programs and services to be offered, sets the annual budget and oversees expenditures.

  3. The Rural/Urban Liaison Advisory Committee (RULAC) – The Warden, Deputy Warden and the County Councillor appointed to the City of Kingston Housing and Homelessness Advisory Committee for the term of Council, three members of Kingston City Council, the Mayor and two members of Council. The Rural/Urban Liaison Advisory Committee was established by the order of the Minister of Municipal Affairs under Section 25.2(4) of the Municipal Act. The Committee shall meet at least quarterly with the Chief Administrative Officer of the City and the Frontenac Management Board for the purposes of discussing issues arising from joint agreements and recommending solutions to matters of common concern (effective December 1, 2014). (Amended by By-law 2014-0019 passed April 16, 2014)

  4. The Algonquin Land Claim Municipal Advisory Committee – one members of County Council, appointed for the term of Council. This Committee represents local, County and district governments across and adjacent to the land claim area. The Committee consists of heads of Council, or their designates, for each of the member municipalities. It provides advice to the Ontario negotiation team regarding the municipal implications of the potential transfer of crown lands to Algonquin ownership and the nature of future relationships facing the Algonquins and local municipal governments.

  5. The Frontenac County Youth Justice Advisory Committee – one member of County Council appointed for the term of Council. The purpose of the Youth Justice Advisory Committee is to support the objectives of ensuring there is effective communication and collaboration among key partners working within Youth Justice Services, both informally and at regular meetings held quarterly; sharing youth justice information regarding programs and services, trends and issues with intent to provide creative solutions to address service system gaps; developing Youth Justice protocols, practices By-law No. 2013-0020 –Schedule C - County of Frontenac Procedure By-law May 15, 2013

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SCHEDULE C EXTERNAL BOARDS AND COMMITTEES continued and guidelines to ensure optimal navigation through the system, and to promote the provision of effective services for young persons in conflict with the law; and increasing capacity through educational opportunities, training events and professional development through localized community events. (As amended by By-law 2014-0037) 6. The Rideau Corridor Landscape Strategy Steering Committee – one member of County Council appointed for the term of Council. This Committee works to identify key features and values of the Rideau Corridor in order to support more effective planning and management of the Rideau Corridor’s landscape into the future.

  1. The Housing and Homelessness Advisory Committee (formerly the Affordable Housing Development Committee) – one member of County Council, appointed for the term of Council. This is an Advisory Committee of the City of Kingston who acts as the Local Service Realignment body for the County of Frontenac. This Committee works to ensure that there is a comprehensive understanding of housing, affordable housing and homelessness issues, initiatives and developments, with a mandate to provide advice to Kingston City Council Council on housing, publicly assisted affordable housing and homelessness policies, provide advice regarding the implementation of the Municipal Housing Strategy, Homelessness Plan and other municipal housing strategies, policies and directives, provide information and input on housing matters as related to poverty reduction through the appointment of one member of the Housing and Homelessness Advisory Committee to the Poverty Reduction Group, for a term of two years and two members of Housing and Homelessness Advisory Committee to the Poverty Reduction Housing Sub Working Group for a term of two years and to maintain close linkages with other City of Kingston Committees and working groups to ensure co-ordination of housing, affordable housing and homelessness initiatives.

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AGENDA ITEM #b)

Term: Eligibility: Description:

SCHEDULE D – COUNCIL LIAISONS (Added by By-law 2015-0002) Appointed by Council for a four (4) year term, at the pleasure of Council. Only second member County Councillors are eligible to be appointed to a Council Liaison position. A total of four (4) appointments will be made by Council to act as a Council Liaison with Directors and the Chief Administrative Officer. The four positions are as follows:    

Expectations:

Council Liaison – Emergency and Transportation Services Council Liaison – Long-term Care (Fairmount Home) Council Liaison – Corporate Services Council Liaison – Planning & Economic Development

The purpose of the Council Liaison will be to act as a conduit between Council and senior leadership. The Council Liaison will be the primary spokesperson for issues related to the operation of the department and direction. In particular, working with the Director and Chief Administrative Officer with respect to regulatory compliance and alignment with Council strategic direction.  Meet with the Director and CAO at a minimum of once per month. o Meeting to be scheduled for the first Wednesday of each month.  Become familiar with the legislative framework, operations, projects, reports, budgets and risks of the Department.  Monthly, provide an overview of the Departmental activities to County Council.  Meet with Warden as required to provide background and insight.  Participate in meetings, workshops and events related to the Department.  Participate on ad hoc committees and related operations teams as follows: o Emergency and Transportation Services  Emergency Management Program Committee o Council Liaison – Long-term Care (Fairmount Home)  Quality Assurance and Assessment Committee o Council Liaison – Corporate Services  Joint Accessibility Advisory Committee o Council Liaison – Planning & Economic Development  Trails Advisory Committee  Sustainability Advisory Committee

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AGENDA ITEM #b) Appendix C

Clerk’s Office

Memo To:

Members of County Council

From:

Jannette Amini, Manager of Legislative Services/Clerk

Date:

October 5, 2015

Re:

County of Frontenac Procedural By-law Review

In response to comments made by Councillor Higgins regarding the review of the County’s Procedural By-law, the following comments are offered:

  1. Comment RH1: Is a Committee of the Whole really required for all meetings? Can we not have the COW set for special meetings only? Why restrict questions during a regular Council debate at regular meetings. The previous Council chose to start using the COW system, at which point, business which was seen as requiring additional debate was sent to a separate COW meeting, such as the review of the Procedural by-law and budget meetings. Committee of the Whole relaxes the rules of debate around the number of times a member may speak to a question. Speaking to a question typically is a speech either in favour of or against a motion, with reasons why. This reflects the traditional parliamentary principles as noted in Roberts Rules of Order. This rule around limiting the number of times a member may speak does not apply to a member being permitted to ask questions as noted in Section 18.7 of the by-law, provided that the question is for the purpose of obtaining information. Staff would recommend amending the definition of Committee of the Whole to delete the words “ask a question or”.

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AGENDA ITEM #b)

Memo to Council Response to comments on Procedural By-law October 7, 2015

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With respect to eliminating moving into Committee of the Whole during regular Council meetings would require an amendment to Section11.1, Order of Business by removing:

  1. Comment RH2: Should the makeup of Council not be described here as per by-law 2009-0042? How do we address the makeup of Council to discuss going back to four members of Council versus having eight members of Council? Section 4 identifies membership on Council and the requirements before a member can take his seat. It does not identify Composition of Council which is what is being discussed. It is a requirement under Section 219 of the Municipal Act that should a Council wish to make changes to its composition, it must do so by passing a by-law. As such, it would be staff’s opinion that such matters must be done through a separate bylaw to both follow the Act as well as avoid the potential for conflicting by-laws should one be amended. Any member of Council may bring forward a motion to review By-law 2009-0042 and open discussion on the composition of Council; however staff would note that under Section 218 (1) of the Municipal Act, the composition of an upper-tier Council must have a minimum of 5 members. The previous 4 member Council was established under the Ministers Orders in 1998 during the time of Amalgamation and restructuring. At this time, staff suspect that as per Section 173(5) 4 of the Municipal Act, that the portion of the original Ministers Order which established the composition of the Frontenac Management Board, once amended, is no longer in force.
  2. Comment RH3: Discussion on full four year term for Warden and Deputy Warden This matter is left to the discretion of Council; however staff would note that regardless of whether Council feels the Warden or Deputy Warden are doing their job, Council does not have the authority to remove from office the Head of Council or Deputy Head, regardless of whether elected at large or elected by the Council themselves. This would be noted under Section 218 and 219 of the Municipal Act, where any changes in the term of the Head of Council would not take effect until after the next regular election.
  3. Comment RH4: Define staff inclusion at closed meetings The Municipal Act only excludes members of the public from a closed meeting. Staff are not considered members of the public. The CAO would typically determine which members of staff should be present in a closed meeting in order to respond to questions Council may have.
  4. Comment RH5: Why training is identified as reason for going into closed session This is one of the 8 permitted reasons under Section 239 of the Municipal Act for a municipality to go into closed session. As noted under the Act, this is discretionary.

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AGENDA ITEM #b)

Memo to Council Response to comments on Procedural By-law October 7, 2015

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Staff are very mindful of ensuring the County is accountable, open and transparent and have yet to request closed session for training purposes. 6. Comment RH6: Confirmation of Agenda takes place after closed session Staff agree with this point, noting that during the last procedural by-law review, staff recommended that closed session be moved to the beginning of the agenda to avoid members of the public, the press, and any consultants in attendance are not left waiting for a closed meeting to finish. As such, at that time Section 6.8 should have been reworded. Staff would recommend the following re-wording of the first sentence: If a member of Council wishes to introduce new business at a closed meeting, it must be introduced in open session and then confirmed at the adoption of the agenda. 7. Comment RH7: How does being permitted to only speak once allow for debate? Is this required? The rule to limit the number of times a person may speak to once is a reflection of traditional parliamentary principles and is found in both Roberts Rules of Order and Bourinot’s Rules of Order. It should be noted; however that in Roberts Rules of Order, the number of times a member may speak is limited to 2. Council may wish to amend the by-law to reflect that members are permitted to speak twice. Rules of order are procedures by which meetings can be conducted in an orderly fashion and recognize the need to move through an Agenda in a timely manner, while maintaining both the rights of the majority and the minority. 8. Comment RH8: Why require a two thirds vote? As noted under Roberts Rules of Order, a two-thirds vote is required on certain motions, those being:  Suspend or modify rules of order previously adopted  Prevents the introduction of a question for consideration  Closes, limits or extends the limits of debate  Closes nominations or polls, or otherwise limits the freedom of nominating or voting  Takes away membership 9. Comment RH9: Should be 22.12 This requirement for a two-third vote is simply there to remind Council that any introduction of any new business where public notice has not been given requires a twothird vote of Council. 10. Comment RH10 and RH1 have been addressed in the staff report.

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