HomeMy WebLinkAboutMay 25, 2023 - Joint Cemetery BoardTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM JOINT CEMETERY BOARD AGENDA TRACKLESS LOUNGE 56169 Heritage Line, Straffordville, ON Thursday, May 25, 2023 6:30 p.m. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. DELEGATIONS
4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Joint Cemetery Board Meeting held September 23, 2021 5. MATTERS OF BUSINESS
A. Memo JCB-01/23 re Joint Cemetery Board Documents B. Memo JCB-02/23 re 2023 Board Procedures & Meeting Schedule
C. Memo JCB-03/23 re 2023 Maintenance Needs D. Memo JCB-04/23 re Treasurer Report 6. ADJOURNMENT
Municipality of Bayham
Joint Cemetery Board Meeting Agenda
Bayham Municipal Office, Outside - Pavilion
56169 Heritage Line, Straffordville
September 13th, 2021 at 6:00 p.m.
Present were: Roger James, Daphne Dickhout, Joe Dickhout, Ralph
Carter, Perry Grant, Marlene Carter, Bonnie Ball, Lynda Millard, Bob
Gregson, CAO/Clerk Thomas Thayer, Treasurer Lorne James,
Mayor Ed Ketchabaw, Deputy Mayor Rainey Weisler
1. Call to Order & Appointment of Chairman
The meeting was called to order at 6:00pm. Perry Grant was appointed Chairman.
2. Disclosure of Pecuniary Interest
No disclosures of pecuniary interest were declared.
3. Review of Items Not on the Agenda
4. Announcements
5. Delegations
6. Minutes of meeting held November 27th, 2019 for approval
Moved by: Lynda Millard
Seconded by: Marlene Carter
7. Matters of Business
7.1 Action Required
a) 2022 Maintenance
a. Please bring, or provide in advance a written listing of maintenance
works (tree trimming and removal, spraying, requested to be conducted in 2022/2023. The Municipality will issue a single RFP for the works.
Discussion on number of cuts; mother’s day/father’s day and decoration days cuts. Boards advised no spraying or fence line work for the year.
7.2 For Information Only
a) Municipal Treasurers Report
a. 2019/2020 Year End Financial Reports - provided
b. 2019/2020 Care and Maintenance Report – provided
c. Care and Maintenance and 2022 Budget
The treasurer provided an overview of the Reports as well as Care and
Maintenance, and 2022 Budget.
8. Unfinished Business
Nothing noted.
9. New Business
10. Next Meeting & Adjournment
Moved by: Marlene Scott
Seconded by: Roger James
THAT the meeting adjourned at 6:45pm.
MEMO
JOINT CEMETERY BOARD
TO: Joint Cemetery Board Members
FROM: Meagan Elliott, Deputy Clerk
DATE: May 25, 2023
MEMO: JCB-01/23 SUBJECT: COMMITTEE DOCUMENTS
BACKGROUND
Council established Committees of Council and appointed Members for the 2022-2026 Term. DISCUSSION The documents outlined to be reviewed and adopted by the Joint Cemetery Board Members are attached to this memo. ATTACHMENTS
1. Advisory Board & Committee Policy 2. Procedural By-law 3. Joint Cemetery Board Terms of Reference
4. Cemetery By-law 5. Code of Conduct RECOMMENDATION THAT Memo JCB-01/23 re Committee Documents be received for information.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-012
A BY-LAW TO ESTABLISH AN ADVISORY BOARD
AND COMMITTEE POLICY
WHEREAS Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decision of Council;
AND WHEREAS Council of The Corporation of the Municipality of Bayham deems it
expedient to adopt a policy with respect to Advisory Boards and Committees;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT the Council of the Corporation of the Municipality of Bayham hereby
adopts the Advisory Board and Committee Policy attached hereto as "Schedule
A" and forming part of this by-law;
2_ AND THAT By-law No. 2019-003 is hereby repealed in its entirety;
3. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16tn
DAY OF FEBRUARY 2023.
Advisory Board and Committee Policy
Section 1 - Purpose
The Municipality of Bayham Advisory Board and Committee Policy will guide a
consistent, accountable approach to working with Municipality of Bayham Advisory
Board and Committee Members. The Municipality of Bayham Advisory Board and
Committee Policy in conjunction with the respective Board or Committees'
establishing by-laws and the Rules of Procedure By-law, will guide current and future
Advisory Board and Committee Member activity throughout the Municipality of
Bayham. The Municipality of Bayham Advisory Board and Committee Policy is part
of a broader Municipal effort to participate in meaningful, transparent engagement
with all residents of the Municipality of Bayham.
Section 2 - Scope
The Municipality of Bayham Advisory Board and Committee Policy governs the
selection, responsibilities and safety of Advisory Board and Committee Members.
Section 3 — Appointments
Advisory Board and Committee Members are appointed by Council through a formal
application process unless a Provincial Statute prescribes otherwise.
Vacancies will be advertised on the Municipal Website noting for interested
individuals to apply by a specified deadline date. The application form will also be
available on the Municipal Website.
The duration of Advisory Board or Committee appointments are the same term of
Council. While appointees may serve on more than one Advisory Board or
Committee, Council shall give the first consideration to individuals who are not
already appointed to another Advisory Board or Committee.
Specific Advisory Board or Committee qualifications are set out in the respective
establishing by-laws.
Council may, by resolution, rescind any appointments at any time if required.
Section 4 - Advisory Board and Committee Member Responsibilities
Advisory Board and Committee Members have the responsibility to fulfill their role
through the following:
a) Act as an ambassador of the Municipality of Bayham in the community in an
effort to spread knowledge and understanding of the purpose of the specific
Advisory Board or Committee;
b) Not falsely represent the Municipality of Bayham Advisory Boards and
Committees to outside partners, agencies or the public,
c) Respect confidences and privacy of the Municipality of Bayham Advisory
Boards and Committees;
d) Be held accountable for their actions,
e) Be willing to learn and grow in the Advisory Board and Committee position;
f) Work cooperatively with Municipality of Bayham Councillors and staff,
recognizing and appreciating differences of opinion;
g) Be considerate, respect competencies and work as a team with all staff
and other Advisory Board and Committee Members;
111, Complete the training and/or orientation provided;
i) Follow all applicable policies, procedures and by-laws established by the
Municipality of Bayham;
i) Be required to sign a confidentiality statement.
Section 5 - Advisory Board and Committee Member Recognition Program
The Council of the Municipality of Bayham shall every four years, in the final year of
a term of Council, recognize Advisory Board or Committee Members and Community
Volunteers by hosting a Volunteer Appreciation Night. All Advisory Board and
Committee Members and Community Volunteers will have the opportunity to attend
and celebrate volunteerism in the Municipality of Bayham. Council shall determine
the scope and cost of the event through the budget process.
Section 6 - Accessibil
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal
Ascent on June 13, 2005 and is legislation which impacts persons, businesses and
other organizations across Ontario in both the Public and Private sector. The main
purpose of the legislation is the achievement of accessibility for all Ontarians with
disabilities with respect to goods, services, facilities, accommodation, employment,
building structures and premises on or before January 1, 2025, by developing,
implementing and enforcing standards of accessibility. Compliance is mandatory
and AODA has strong enforcement provisions including inspections, orders and
significant penalties.
While serving on any Municipality of Bayham Advisory Board or Committee, all
Municipality of Bayham Advisory Board and Committee Members shall comply with
all Municipality of Bayham Accessibility Policies. Municipality of Bayham Advisory
Boards and Committees shall also ensure that adequate provisions are made to
ensure that Places of Meeting, Agenda and Minute formats, communications and
conduct of meetings are accessible, to provide maximum participation.
Section 7 - Municipal Freedom of Information and Protection of Privacy Act
The Municipal Freedom of Information and Protection of Privacy Act requires the
Municipality to protect the privacy of an individual's personal information existing in
government records and provides a right of access to information held by the
Municipality. The Municipal Freedom of Information and Protection of Privacy Act
creates a privacy protection scheme the Municipality must follow to protect an
individual's right to privacy. The scheme includes rules regarding the collection, use,
disclosure and disposal of personal information in the custody and control of the
Municipality.
The Municipality, as a whole, including Advisory Boards and Committees, are
accountable for complying with the Municipal Freedom of Information and Protection
of Privacy Act. It is against the law to release any personal information to anyone
other than the person that the information is about. As such, all Advisory Board and
Committee members must sign a Municipal Freedom of Information and Protection
of Privacy Act Confidentiality Statement.
Section 8 - Municipal Conflict of Interest Act
The Municipal Conflict of Interest Act strives to control the actions of elected and
appointed Municipal representatives by obliging them to publicly disclose any direct
or indirect pecuniary interests they have in a matter before Council, and Advisory
Boards or Committees. Conflict of interest legislation is limited to pecuniary
interests. The term "pecuniary interest" is not defined in the Municipal Conflict of
Interest Act, but includes direct, indirect and deemed pecuniary interests. Its
dictionary definition is "to relate to money".
If an Advisory Board or Committee Member has a conflict of Interest the Municipal
Conflict of Interest Act requires:
a) the Advisory Board or Committee Member to disclose the pecuniary interest;
b) the Advisory Board or Committee Member to not influence before, during
or after a vote;
c) the Advisory Board or Committee Member to not participate in the
discussion or decision making;
d) the Advisory Board or Committee Member to leave the room, if the matter is
dealt with in -camera under the provisions of the Municipal Act, 2001;
In the event of an alleged contravention, an elector may bring an application before a
Judge of the Ontario Court of Justice for a determination of whether an Advisory
Board or Committee Member has contravened the Municipal Conflict of Interest Act.
Section 9 - Advisory Board and Committee Member Health and Safety
Advisory Board and Committee Members should never be asked to do anything
unsafe, and have the right to refuse any request, function or activity they feel is
unsafe. The Municipality of Bayham has a wide range of interactions with Advisory
Board and Committee Members and therefore expects that different approaches
shall apply to different Advisory Board and Committee activities. It is important that
approaches be designed within an overall policy framework across the entire
Municipality of Bayham.
The health and safety of Advisory Board and Committee Members is paramount and
will be managed in accordance with the same principles and processes as that of
Councillors and staff. All Advisory Board and Committee projects will comply with the
Occupational Health and Safety Act and Regulations, and the Municipality of
Bayham Occupational Health and Safety Policies.
Advisory Board and Committee Members shall have the following responsibilities:
a) Be familiar with the applicable requirements of the Municipality's Health
and Safety Policy and the Occupational Health and Safety Act and
Regulations, and ensure compliance with the same;
b) Take every possible precaution to protect themselves, fellow Advisory
Board and Committee Members and the public from health hazards and
unsafe situations;
c) Properly wear and use personal protective equipment where required;
d) Familiarize themselves with the location and operation of all safety
equipment including first -aid kits and fire extinguishers;
e) Be responsible for the prompt reporting of health and safety hazards,
unsafe acts or conditions, accident and injuries;
f) To not engage in any prank, contest, feat of strength, unnecessary running
or rough boisterous conditions.
Advisory Board and Committee Members are prohibited from using or possessing
illicit drugs, alcohol or using prescription drugs in any way that is illegal. Municipality
of Bayham Advisory Board and Committee Members under the influence of drugs
and/or alcohol will not be tolerated, and will result in the Advisory Board and
Committee Member's dismissal.
Section 10 - Insurance and Liability
The issue of liability is based on the principle that people are responsible for their
conduct in the course of daily activities. Failure to conduct oneself in a responsible
and reasonable manner could result in a tort. A tort is a civil wrong as opposed to a
criminal wrong and occurs when negligent conduct results in some injury to others.
Negligent conduct can include acts of commission or omission. The resulting
damage might be to either person or property.
Advisory Board and Committee Members, inclusive of Student, Affiliate and single
day volunteers, while acting within a specific Advisory Board and Committee
established mandate and under the control and direction of the Council of the
Municipality of Bayham are covered by the Municipality of Bayham General Liability
Insurance Policy. Advisory Board and Committee Members acknowledge the
following:
1 _ Advisory Board and Committee Members shall not be covered by Workplace
Safety Insurance Board coverage.
2. Advisory Board and Committee Members will abide by all applicable Municipal
by-laws, policies and rules, as may be amended from time to time.
3. Advisory Board and Committee Members will not use facilities, equipment and
property owned by the Municipality without approval of a Municipal staff person.
Section 11 —Administration
Unless the context otherwise requires, the words used in the male gender shall include the
female gender and the singular includes the plural, and vice -versa, as the context requires.
Any inquiries on this policy should be directed to the CAOICIerk or designate.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-021
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF
THE COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND
OF ITS COMMITTEES AND THE CONDUCT OF ITS
MEMBERS
WHEREAS Section 238(2) of the Municipal Act, S.0.2001, c.25 as amended, requires every
Municipality to pass a Procedural By-law for governing the calling, place and proceedings of
meetings;
AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it
advisable to enact a by-law to govern the proceedings of Council, the conduct of its
Members and the calling of Meetings, and to provide for procedures and statutory
requirements in accordance with the Municipal Act, S.0.2001, c.25 as amended, and to
repeal all previous By-laws related thereto;
NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as
follows:
Section 1 — DEFINITIONS AND INTERPRETATION
1 For the purposes of this By-law; unless stated otherwise or the context requires a
different meaning:
1.1.1 "Acting Head of Council" shall mean the Deputy Mayor when the Mayor is
absent or refuses to act or the office of the Mayor is vacant or, when the
Mayor and Deputy Mayor are absent or refuse to act or the offices of the
Mayor and Deputy Mayor are vacant, the member of Council who is appointed
by Council to act from time to time in the place and stead of the Mayor and
who shall exercise all of the rights, powers and authority of the Head of
Council while so acting.
1. 1.2 "Ad Hoc Committee" shall mean a special purpose committee of limited
duration, appointed by Council to consider a specific matter and which is
dissolved automatically upon submitting its final report to Council, unless
otherwise directed by Council.
1.1.3 "Advisory Board or Committee" shall mean a committee appointed by
Council to act in an advisory capacity to Council on operational and strategic
issues during the full term of Council.
1.1.4 "CAOICIerk" shall mean the CAOICIerk of the Corporation of the Municipality
of Bayham.
1.1.5 "Chair" in the case of the Council shall mean the Mayor, Deputy Mayor or the
Member appointed to act as Chair during the absence of the Mayor and
Deputy Mayor from a Council Meeting or a portion of a Meeting. While acting
as Chair the Member shall exercise all of the powers and responsibilities of
the Mayor under this Procedural By-law. In the case of the a Statutory Public
Meeting, Public Meeting or a Court of Revision Hearing, Chair shall mean the
Mayor, Deputy Mayor or the Member, whoever presides over a portion of the
Meeting of the Statutory Public Meeting, Public Meeting or a Court of Revision
Hearing as provided for in this Procedural By-law. In the case of an Ad Hoc
Committee or Advisory Board or Committee, Chair means the Council
Member appointed to be Chair.
1.1.6 "Clerk" shall mean the Clerk of the Municipality of Bayham and includes the
Deputy Clerk and any official of the Municipality appointed by Council to
exercise the power(s) of the Municipal Clerk in the absence of the Clerk or
Deputy Clerk.
1. 1.7 "Committee" shall mean a committee of Council and includes Standing
Committees, or sub -committees of the Standing Committees.
1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed
by the Council of the Municipality of Bayham to the Committee of
Adjustment pursuant to the provisions of the Planning Act, R.S.O., 1990,
c. P.13, as amended.
1.1.9 "Council" shall mean the Council of the Corporation of the Municipality of
Bayham.
1.1.10 "Councillor" shall mean a person elected or appointed as a Member of
Council but does not include the Mayor.
1.1.11 "Delegation" shall mean a person or group of persons desiring to verbally
present information or to make a request to Council.
1.1.12 "Deputy Mayor" shall mean the Member of Council who is elected to the
position and who, in the absence of the Mayor, shall exercise the powers and
responsibilities of the Mayor provided for in this By-law or any other by-law or
statute.
1.1.13 "Holiday" shall mean a holiday as defined by the Legislation Act, 2006 S.O.
2006, c. 21, Schedule F as amended or replaced from time to time.
1.1.14 "Local Board" shall mean a local board as defined in the Municipal Act,
S.O.2001, c.25 as amended.
1.1.15 "Mayor" shall mean the Head of Council for the Municipality.
1.1.16 "Meeting" shall mean any Regular or Special Meeting of Council, including
a Statutory Public Meeting, Public Meeting, Court of Revision Hearing, and
Advisory Board and Committee Meetings.
1.1.17 "Member" shall mean a Member of the Council of the Corporation of the
Municipality of Bayham, and includes the Mayor and Committee Members.
1.1.18 "Motion" shall mean a question or proposal to be considered and which is
moved and seconded and is subject to debate. When a Motion is adopted, it
becomes a Resolution.
1. 1.19 "Municipal Act" shall mean the Municipal Act, 2001, (S.O.2001, c. 25), as
amended or replaced from time to time.
1. 1.20 "Municipality" shall mean the Corporation of the Municipality of Bayham.
1.1.21 "Newspaper" shall mean a printed publication in sheet form, intended for
general circulation, published regularly at intervals of not longer than one
week, consisting in great part of news of current local events of general
interest and made available to the public.
1.1.22 "Pecuniary Interest" shall mean a direct or indirect Pecuniary Interest within
the meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter
M.50, as may be amended.
1.1.23 "Planning Act" shall mean the Planning Act, R.S.O. 1990, c.P. 13, as
amended.
1.1.24 "Point of Order" shall mean a statement made by a Member during a
Meeting drawing to the attention of the Presiding Member a breach of the
Rules of Procedure.
1.1.25 "Point of Privilege" shall mean the raising of a question that concerns a
Member, or all of the Members, when a Member believes that his rights,
immunities or integrity or the rights, immunities or integrity of Council or staff
as a whole have been impugned.
1.1.26 "Presiding Member" shall mean the Mayor, Acting Mayor or Chair of the
Meeting.
1.1.27 "Quorum" shall be as defined in Section 4.9 herein.
1.1.28 "Recorded Vote" shall mean the written record of the name and vote of
every Member present when the vote is called on any matter or question
during a Meeting.
1. 1.29 "Resolution" shall mean a formal expression of opinion or intention.
1.1.30 "Rules of Procedure" shall mean the rules and requirements contained
within this Procedural By-law.
1.1.31 "Vice Chair" shall mean such Member of a Committee who has been
appointed to act in the place and stead of the Committee Chair when such
Chair is absent from a meeting of the Committee for any cause and who shall
exercise all the rights, power and authorities of the Chair.
1.1.32 "Website" shall mean the Municipality of Bayham website address identified
as www.bavham.on.ca
Section 2 - GENERAL PROVISIONS
2.1 Applicability
2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this
by-law shall be observed in all Meetings and shall be the rules and requirements
which govern the order of their business.
2.1.2 Unless the context otherwise requires, in this Procedural By-law the words used
in the male gender shall include the female gender and the singular shall include
the plural, and vice -versa, as the context requires.
2. 2 Suspension of Rules and Procedures
2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in
this Section may be temporarily suspended by a vote of three-quarters (3/4) of
the Members present and voting:
a) rules about a change to the order of procedure in the Agenda content;
b) rules about delegation status;
c) rules about the increase or decrease of delegation speaking time and
debate limitations.
2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue
shall be decided by the Chair subject to an appeal to the Members.
2.3. 2 All points of order or procedure not provided for in these Rules of Procedure
shall be decided in accordance with the rules of procedure known as Robert's
Rules of Order.
2.4 Video Equipment, Recording Devices and Cellular Telephones
2.4.1 The use of cameras, electric lighting equipment, television cameras and any
other device of mechanical, electronic or similar nature used for transcribing or
recording proceedings by auditory or visual means by accredited and other
representatives of any news media or members of the general public is
permitted only with approval prior to the commencement of the applicable
Meeting.
2.4.2 Cameras, electric lighting equipment, television cameras and any other device
of mechanical, electronic or similar nature shall be turned off immediately if
requested by a member of the audience.
2.4.3 All communication devices shall be switched to `silent' upon entering the
location where any Meeting is being held.
Section 3 - DUTIES OF MEMBERS
3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor, or acting Head of Council, to carry out the
responsibilities of a Head of Council set forth in the Municipal Act, in addition to
the following responsibilities:
a) to open the Meeting of Council by taking the Chair and calling the
Members to order;
b) to announce the business before the Council in the order in which it is to
be acted upon;
cj to receive and submit, in the manner prescribed by this Procedural By-
law, all motions presented by Members;
ccl to recognize any Member who wishes to speak and to determine the
order of speakers;
e) to put to vote all questions which are regularly moved and seconded, or
necessarily arise in the course of the proceedings and to announce the
results;
f) to decline to put to vote motions which contravene the provisions of the
Procedural By-law;
g? to enforce the provisions of the Procedural By-law;
hi to enforce on all occasions the observance of order and decorum among
the Members;
1) to call by name, any Member refusing to comply with this Procedural By-
law and to order the Member to vacate the Council Chamber, or the place
of Meeting, as the case may be;
j; to cause to be expelled and excluded any member of the public who
creates a disturbance or acts improperly during a Meeting and, if
necessary, to direct the Municipal Clerk to seek appropriate assistance
from the Ontario Provincial Police Service;
k) to authenticate, by signature, all By-laws and Meeting minutes;
1) to rule on any points of order raised by Members of Council;
m; to represent and support the decisions of Council, declaring its will and
explicitly and implicitly obeying its decisions in all things;
to adjourn the Meeting when the business is concluded, or if considered
necessary by the Mayor because of grave disorder, to adjourn the sitting
without putting to the vote any question, or suspend the sitting for a time
to be named.
3.1.2 By virtue of office, the Mayor is appointed as an ex-officio member of Advisory
Board and Committees. Ex-officio members do not have voting rights.
3.2 Duties of the Deputy Mayor
3. 2.1 Where the Mayor gives notice to the Clerk that he will be absent from the
Municipality, or of his absence through illness, or his office is vacant, or he
refuses to act, then the Deputy Mayor shall act in his place and instead of the
Mayor and, while so acting, has and may exercise all the rights, powers and
authority of the Head of Council.
3. 2.2 Act as an alternate lower -tier member to attend County Council where the Mayor
gives notice to the County Clerk that he will be absent, or of his absence through
illness, then the Deputy Mayor may act in his place and while so acting, has and
may exercise all the rights, powers and authority of the member of County
Council.
3.3 Duties of the Members of Council
3.3.1 It shall be the duty of the Council Members to carry out the role of Council as
set forth in the Municipal Act, in addition to the following responsibilities:
a) to deliberate on the business submitted to Council;
b) to vote when a motion is put to a vote, except where otherwise
disqualified from doing so by law;
c; to represent and support the decisions of Council, declaring its will
and explicitly and implicitly obeying its decisions in all things
l;. to Chair the portion a Meeting for which he is the appointed Chair and
assume the duties of the Mayor as detailed in Section 3.1.1, and
e..) to apply and respect the Rules of Procedure.
3.4 Duties of the Advisory Board or Committee Chair
3.4.1 It shall be the duty of the Chair to carry out the following responsibilities:
to open the Meeting of the Advisory Board or Committee by
assuming the Chair and calling the Members to order;
b' to announce the business before the Advisory Board or Committee in
the order in which it is to be acted on;
r:} to receive and submit, in the manner prescribed by this Procedural
By-law, all Matters of Business presented by Members;
fl to recognize any Member who wishes to speak and to determine the
order of the speakers;
e..' to put to vote all questions which are regularly moved or necessarily
arise in the course of the proceedings and to announce the results;
f; to participate as an active and voting member, encouraging active
participation by all Advisory Board and Committee Members;
to decline to put to vote motions which contravene the provisions of
this Procedural By-law;
to enforce the provisions of the Procedural By-law;
to enforce on all occasions, the observance of order and decorum
among the Members;
1) to call by name, any Member refusing to comply with this Procedural
By-law and to order the Member to vacate the place of Meeting;
k., to cause to be expelled and excluded any member of the public who
creates a disturbance or acts improperly during a Meeting;
IJ to authenticate, by signature, all Meeting minutes;
m) to rule on any Points of Order raised by Members;
n) to represent and support the decisions of the Advisory Board or
Committee, declaring its will and explicitly and implicitly obeying its
decisions in all things;
o) to be the point of contact with Council, staff, and any media relations;
p) to review the goals and objectives of the Advisory Board or
Committee and ensure the work plan is realistic, up-to-date, and
being followed;
q) to recognize workload limitations of the Advisory Board or
Committee,
r) to adjourn the Meeting when the business is concluded.
3.5 Duties of the Advisory Board or Committee Vice Chair
3. 5.1 Where the Chair gives notice that he will be absent from the Advisory Board or
Committee Meeting, or of his absence through illness, or he refuses to act, then
the Vice Chair shall act in his place and instead of the Chair and, while so
acting, has and may exercise all the rights, powers and authority of the Chair.
3.6 Duties of the Advisory Board or Committee Members
3. 6.1 It shall be the duty of the Advisory Board and Committee Members to carry out
the following responsibilities:
a) to deliberate on the business submitted to the Advisory Board or
Committee;
b) to vote when a motion is put to a vote, except where otherwise
disqualified from doing so by law;
c) to apply and respect the Rules of Procedure;
d) to attend all scheduled and special Advisory Board or Committee
meetings, sending regrets otherwise;
e) to understand his role and expectations, including all applicable
Municipality Policies;
f) to follow the agenda and stay focused on the topic at hand;
g) to understand and follow the mandate of the Advisory Board or
Committee, including its relationship to Council;
hj to understand and respect the role and expectations of all
participants;
i) to develop and maintain a climate where mutual support, trust,
respect, courtesy, teamwork, creativity, and a sense of humour are
valued;
j to maintain a high degree of professionalism, discharging all duties
with honour and integrity in order that the Member may merit the trust
and confidence of the citizens of the Municipality of Bayham, Council
and Staff;
k) to respect the individual worth and dignity of other Members and, at
all times, work together to achieve a common vision for the
community, utilizing the diverse knowledge, expertise and talents of
all Members to optimal advantage;
a) to challenge ideas and not people, creating a climate where it is okay
to disagree;
m) to communicate directly, concisely and honestly, listening without
interruption, and be open-minded, allowing a variety of opinions to be
heard,
n} to work effectively with the administration to provide excellent service
to residents, recognizing the professional obligations of Staff as an
employee of the Municipality and not intervening in administrative
practices;
o) to respect that decisions of Council are final and accurately
communicate the decisions of Council even if they disagree with the
majority decision of the Advisory Board or Committee;
p) to respect confidential information;
q) to attend any training session for Members.
3.7 Overall Member Conduct
3. 7.1 Members shall adhere to the Council Code of Conduct as adopted by
Council and as amended from time to time.
Section 4 - MEETINGS
4.1 Place of Meeting
4.1.1 Unless otherwise directed by Council, all Regular and Special Council Meetings
shall be held in the Council Chambers of the Municipal Office at 56169 Heritage
Line, Straffordville, Ontario.
4.1.2 All Advisory Board and Committee Meetings shall be held at the Straffordville
Community Centre at 56169 Heritage Line, Straffordville, Ontario, unless an
alternative meeting location is agreed -upon by the Chair and Clerk.
4.2 Inaugural Meeting
4.2.1 The Inaugural Meeting of the Council shall be held, in a year in which a
municipal election is held, at a time determined by the Head of Council -Elect and
the CAOICIerk.
4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda
for the Inaugural Meeting and all arrangements related thereto.
4.3 Regular Meetings
4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of
each month commencing at 7:00 p.m., unless such a day is a Holiday, or on
such other day and time as may be determined from time to time by
resolution of Council.
4.3.2 Where a change is made to the day and time of a Meeting of Council, the
Clerk shall notify the Mayor, give notice of the change to all Members in the
manner set forth in Section 4.4.3 and provide notice to the Public by posting
notice on the Municipal website and at the Municipal Office.
4.3.3 Regular Board or Committee Meetings are at a frequency as outlined in the
respective Terms of Reference as authorized by establishing By-laws and the
schedule will be received by the Members at the first meeting of the year.
4.4 Special Meetings
4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a
Special Meeting of Council by giving direction to the Clerk stating the date,
time and purpose of the Special Meeting.
4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do
so in writing by a majority of Members, at the time mentioned in the request.
4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at
least twenty-four (24) hours before the time appointed for such Meeting and
shall be delivered electronically via e-mail to their respective Municipal e-mail
address. The written or verbal notice shall indicate the nature of the business
to be considered at the Special Meeting as well as date, time and place of the
Meeting.
4.4. 4 No business other than that indicated in the written or verbal notice shall be
considered at the Special Meeting except with the unanimous consent of all
Members present and voting at such Meeting.
4.4.5 All Special Meetings of Council shall be held at the location of the last Regular
Meeting of Council unless an alternative location is specified in the notice of
Special Meeting.
4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of
holding a Special Meeting or any action taken thereat where all Members are
present at the Meeting or where any Member or Members who are absent
consent to the holding of such Meeting and so inform the Clerk.
4.4.7 A Committee Chair may call a Special Meeting through the same provisions of
Section 4.4.1., subject to the agreement of the Clerk.
4.5 Emergency Meeting
4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary
occasions, an emergency Special Meeting of the Council may be called by the
Mayor without advance notice being given by the Clerk pursuant to this By-law,
to consider and deal with such urgent and extraordinary matters. In this case,
the consent of two-thirds (2/3) of the Members to hold such a Meeting without
advance notice is necessary and such consent, if any, shall be recorded in the
minutes by the Clerk.
4.5. 2 Notwithstanding any other provision of this By-law, on urgent and
extraordinary occasions, Council may, by Resolution, authorize the holding
of a Regular or Special Meeting at a location outside the Municipal
boundaries.
4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings,
Hearings or Information Sessions Held Under the Planning Act,
Development Charges Act and Other Applicable Legislation
4.6.1 Council from time to time may conduct Statutory Public Meeting, Public
Meeting, Court of Revisions Hearing, Hearing or other Information Session for
any purpose giving such Notice as may be deemed necessary or required by
law, or the Municipality's Public Notice Policy, as amended from time to time.
4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public
Meeting, Court of Revisions Hearing, Hearing or other Information Session the
Rules of Procedure outlined herein shall govern.
4.7 Meetings Open to Public
4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the
public and no person shall be excluded therefrom except for improper conduct.
4.7. 2 The Chair may request that members of the public vacate the Meeting if their
behaviour is deemed to be disruptive to the business at hand. The Chair may
unilaterally suspend the Meeting until order is restored.
4.8 Closed Meetings
4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public.
4.8. 2 Council may, by resolution, close a Meeting or part of a Meeting to members
of the public if the subject matter being considered is:
a) the security of the property of the Municipality or Local Board;
b) personal matters about an identifiable individual, including Municipal
and Local Board Employees;
c) a proposed or pending acquisition or disposition of land by the
Municipality;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before administrative
tribunals, affecting the Municipality;
f) the receiving of advice that is subject to solicitor -client privilege,
including communications necessary for that purpose;
g) a matter in respect of which the Council is authorized by another
provincial statute to hold a closed meeting;
h) information explicitly supplied in confidence to the municipality or local
board by Canada, a province or territory or a Crown agency of any of
them;
a trade secret or scientific, technical, commercial, financial or labour
relations information, supplied in confidence to the municipality or local
board, which, if disclosed, could reasonably be expected to prejudice
significantly the competitive position or interfere significantly with the
contractual or other negotiations of a person, group of persons, or
organization;
j) a trade secret or scientific, technical, commercial or financial
information that belongs to the municipality or local board and has
monetary value or potential monetary value; or
k) a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the
municipality or local board.
4.8.3 A motion to close a Meeting or part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting; and
b) the general nature of the subject matter to be considered at the
closed Meeting.
4.8.4 Where a Meeting or part of a Meeting is closed to the public, those persons not
specifically invited to the closed Meeting will be asked to vacate the room in
which the Meeting is being held.
4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote
except where permitted by law including, without limitation, Section 239(6) of the
Municipal Act, which allows a Meeting to be closed to the public during a vote
pursuant to sections 239 (2) or (3) and the vote is for a procedural matter or for
giving directions or instructions to officers, employees or agents of the
Municipality or persons retained by or under a contract with the Municipality, and
Members deem that it is in the best interests of the Municipality to do so.
4.8.6 Notwithstanding Section 4.8. 5, the vote on a resolution approving a contract for
the acquisition or disposal of land, including the sale of road allowances, shall be
conducted in open session.
4.8.7 The Motion to rise from "In Camera" shall include the time that Members arose
followed by a subsequent motion for each item considered.
4.8.8 The Clerk shall record without note or comment all resolutions, decisions and
other proceedings at a Meeting when it is closed to the public.
4.8. 9 Members shall ensure that confidential matters disclosed to them during closed
Meetings are kept confidential. Any breach of confidential matters disclosed
during closed Meetings shall be subject to the sanctions contained in the Council
Code of Conduct.
4.9 Quorum
4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a
majority of Members present and voting is necessary to carry a resolution.
4.9.2 A quorum of Committees shall be a simple majority of the total Advisory
Board or Committee Members, including any vacancies.
4.9. 3 If a Quorum is not present within thirty (30) minutes after the time appointed
for the Meeting, the Clerk shall record the names of the Members present
and the Meeting shall stand adjourned until the date of the next Regular
Meeting or other Meeting called in accordance with the provisions of this
Procedural By-law.
4.10 Education and/or Training Sessions
4.10.1 An Education and/or Training Session shall not be deemed to be a Meeting
and shall not be subject to the rules and regulations applicable to Meetings
contained in this By-law.
4.10.2 Members may decide at a Meeting open to the public to convene an informal
gathering of its Members to receive and discuss information or advice of a
general nature involving subject matters of interest to the Members, at a time
and place designated at that time by the Members.
4.10.3 Members in deciding to convene an Education and/or Training Session, shall
designate the general purpose or purposes for which the session is to be held.
4.10.4 An Education and/or Training Session may be held at any place designated by
the Members at the time at which it makes its decision to convene the session,
whether or not within the boundaries of the Municipality or any adjacent
municipality.
4.10.5 All Members are entitled to attend at the session, together with the designated
staff or consultants retained by the Municipality, but the Members, in deciding
to convene the session, may decide to exclude the public therefrom.
4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus,
straw -vote, report, recommendation or other action or decision may be
proposed, discussed, decided upon, adopted, taken or made at an Education
and/or Training Session.
4.10.7 The Clerk shall take notes describing, in general terms, each subject matter
dealt with during the session and upon conclusion thereof, the notes shall be
maintained as a public record under the control of the Clerk which records
shall not be subject to section 6(1)(b) of the Municipal Freedom of Information
and Protection of Privacy Act, as amended.
4.11 Public Notice of Meeting
Regular Meetings
4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted
on the Municipal Website no later than the second week of the month prior to
the commencement of the monthly schedule.
4.11.2 Public notice of each regularly scheduled Meeting shall be deemed to be given
by making the agenda available for viewing on the Municipal Website by 4:00
P.M. on the Friday preceding the regularly scheduled Meeting.
Special Meetings
4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on
the Municipal Website at least one week prior to the amended Meeting date
where practicable to do so.
4.11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the
Municipal Website and the Press shall be notified by e-mail not less than
twenty-four (24) hours before the time appointed for the Special Meeting.
Emergency Special Meetings
4.11.5 Where an Emergency Special Meeting is held in accordance with Section 4.5,
notice of the Emergency Special Meeting shall be posted at the Municipal
Office and on the Municipal Website, and shall be communicated
electronically to the Press as soon as practicable following the Meeting and
shall indicate the nature of the business considered at the Emergency Special
Meeting.
4.12 Adjournment - Due Hour
4.12.1 Except as provided in Section 11.30, a Regular or Special Meeting shall adjourn
at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such
other day and time as Members, by resolution, may direct.
4.13 Cancellation of Meeting
4.13.1 The Chair, or the Clerk in the absence of the Chair, may cancel any Meeting if
he is of the opinion that weather conditions or an emergency warrant. The
Clerk shall inform as many Members as he is able to reach, the media and any
persons that are scheduled to be in attendance.
4.13.2 Postponement of the Meeting shall not be for any longer than the next
regularly scheduled Meeting.
Section 5 - AGENDAS AND MINUTES
5.1 Council Meeting Agenda
5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the
following headings for the use of the Members at the Regular Meetings of
Council:
I. Call to Order
II. Disclosures of Pecuniary Interest
III. Review of Items Not Listed on Agenda
IIV. Announcements
V. Presentations/Special Events
VI. Delegations
VII. Adoption of Minutes of previous Meeting(s) VIII.
Motions and Notice of Motion IX. Open
Forum X. Recreation,
Culture, Tourism and Economic Development a. Correspondence
Receive for
Information Requiring Action
b. Reports
to Council XI. Physical
Services — Emergency Services a. Correspondence
i. Receive
for Information i. Requiring
Action b. Reports
to Council XII. Development
Services — Sustainability and Conservation a. Correspondence
i. Receive
for Information ii Requiring
Action b. Reports
to Council XIII. Finance
and Administration a. Correspondence
i Receive
for Information H. Requiring
Action b. Reports
to Council XIV. By-
laws XV Unfinished
Business XVI, Other
Business XVII. By-
law to Confirm the Proceedings of Council XVIII. Adjournment
5.1.
2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Regular Council Meeting in question. 5.
1.
3 The business of Council shall be considered in the order as it appears on the Agenda, unless
otherwise decided by a vote of the majority of the Members present and
voting. 5.1.
4. In order to ensure accountability and transparency of decision -making and to protect the
public interest and ensure equitable treatment of all citizens, additions to
the Agenda shall not be permitted, except when a matter is of a time -sensitive
nature. Time -sensitive matters will be determined and agreed upon by
the CAOIClerk and the Mayor. A time -sensitive matter will be added to
the Agenda via Addendum or brought forth at the meeting of Council during the
Review of Items Not Listed on the Agenda section. Any matter not deemed time -
sensitive and not included on the Agenda prior to publication as noted in 5.1.2
will be included on the Agenda for the next meeting of Council.
5.1.5 For the purpose of this section, a matter is deemed to be of a time -sensitive
nature when it will negatively impact the health, safety and well-being of
persons, expose the Municipality to liability or negatively impact the
Municipality's position in negotiation if Council does not make a decision and the
Municipality does not act on the matter prior to the next regular meeting of
Council.
5.1.6 In order to address accountability and transparency and in the event a Verbal
Matter is proposed for inclusion on the Agenda, it shall be the responsibility of
the member of staff or Council proposing the item to complete a Verbal Matters
Form prior to the meeting, which will be included in the Agenda package and the
Agenda reposted. In the event a Verbal Matters Form cannot be provided prior
to the meeting, it is required to be provided to the CAOICIerk no later than five
5) business days post -meeting to be included on the Agenda package and the
Agenda reposted.
5.2 Statutory Planning Meeting Agenda
5. 2.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Statutory Planning Meeting:
I_ Call to Order
II_ Disclosures of Pecuniary Interest
III. Chairman's Remarks on the Purpose of the Meeting
IV. Purpose and Effect of the Proposed Amendment
V. Public Participation
VI. Correspondence
VII. Other Business VIII.
Adjournment 5.2.
2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Statutory Planning Meeting in question. 5.
2.
3 The business of Council shall be considered in the order as it appears on the Agenda, unless
otherwise decided by a vote of the majority of the Members present and
voting. 5.2.
4 With respect to V. Public Participation, the applicant and/or any agent thereof, making oral
representation on their behalf, shall be permitted to present to Council for
a cumulative duration of twenty (20) minutes maximum. Any individual
resident attending a Statutory Planning Meeting and wishing to make oral
representation shall be permitted to speak for a maximum of ten (10)
minutes.
An extension to speak may be decided, without debate, by a majority of
Council Members present.
5.3 Committee of Adjustment Meeting Agenda
5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Committee of Adjustment Meeting:
I. Call to Order
II_ Disclosures of Pecuniary Interest
III. Adoption of Minutes of previous Meeting(s)
IV. Chairman's Remarks on the Purpose of the Meeting
V. Public Participation
VI. Correspondence
VII. Other Business VIII.
Adjournment 5.3.
2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Committee of Adjustment Meeting in
question. 5.3.
3 The business of the Committee of Adjustment shall be considered in the order as it
appears on the Agenda, unless otherwise decided by a vote of the majority of
the Members present and voting. 5.4
Court of Revision Meeting Agenda 5.4.
1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for
the use of the Members at a Court of Revision Meeting: I. Call
to Order 11 Disclosures
of Pecuniary Interest III. Chairman'
s Remarks on the Purpose of the Meeting IV. Staff
Presentation V. Public
Participation VI. Correspondence
VII. Other
Business VIII. Adjournment 5.
4.2
The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.
M. preceding the commencement of the Court of Revision Meeting in question. 5.4.
3
The business of the Court of Revision shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting.
5. 5 Public Meeting Agenda
5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Public Meeting:
IX. Call to Order
X. Disclosures of Pecuniary Interest
Xl. Chairman's Remarks on the Purpose of the Meeting
XII. Public Participation
XIII. Correspondence
XIV. Other Business
XV. Adjournment
5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Public Meeting in question.
5.5.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members
present and voting.
5.6 Advisory Board and Committee Agenda
5.6.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Court of Revision Meeting:
I Call to Order
11. Disclosure of Pecuniary Interest
III Delegations
IIV Adoption of Minutes
V. Matters of Business
1. Adjournment
5.6.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Board or Committee Meeting in
question.
5. 6.3 The business of the Advisory Board or Committee shall be considered in the
order as it appears on the Agenda, unless otherwise decided by a vote of the
majority of the Members present and voting.
5.7 Meeting Minutes
5.7.1 The Clerk shall cause the Minutes to be taken of each Meeting whether it is
closed to the public or not. These minutes shall include:
a) the place, date and time of the Meeting;
b) the name of the Chair and the record of attendance of the Members;
should a Member enter after the commencement of the Meeting
or leave prior to adjournment, the time shall be noted;
ci declarations of pecuniary interest;
d) the reading, if requested, correction and confirmation of the minutes prior
to the Meeting;
cj all resolutions, decisions of the Meeting without note or comment.
5.7.2 The Minutes of each Meeting shall be presented for confirmation at the next
Regular Meeting of the subject Meeting type.
5. 7.3 Where the Minutes have been delivered to the Members in advance of the
Meeting, the Minutes shall not be read, and a resolution that the minutes be
approved shall be in order.
5. 7.4 Following approval of the Minutes, the Minutes shall be signed by the Chair and
the Clerk.
5.7. 5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings
are posted on the Municipal website and prepared in accordance with Section
5.7.1 of this Procedural By-law.
Section 6 - ORDER OF PROCEEDINGS OF COUNCIL MEETINGS
6.1 Call to Order
6.1.1 As soon as a Quorum is present after the hour set for the holding of the
Meeting, the Mayor shall take the Chair and call the Members present to
order.
6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the
time set for the Meeting and a quorum is present, the Deputy Mayor shall
preside over the Meeting and shall exercise all duties and responsibilities of
the Mayor as outlined in this Procedural By-law until the Mayor is present at
the Meeting and able to perform his responsibility to assume the chair.
6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the
time set for the Meeting and a quorum is present, the Clerk shall call the
Meeting to order, and the Members present shall appoint a Presiding
Member who shall act as Chair of the Meeting until the arrival of the Mayor
or Deputy Mayor, whoever is the first to arrive and is able to assume the
chair.
6. 2 Disclosures of Pecuniary Interest
6.2.1 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:
a) prior to any consideration of the matter at the Meeting, disclose the
interest and the general nature thereof;
not take part in any discussion of or vote on any question with respect
to the matter; and
c) not attempt in any way before, during and after the meeting to influence
the voting on any such question.
6.2.2 Where the Meeting is not open to the public, in addition to complying with the
requirements of Section 6.2.1, the Member shall immediately leave the Meeting
or part of the Meeting during which the matter is under consideration.
6.2.3 Where a Member is absent from a Meeting which includes a matter for which
the Member has a pecuniary interest, the Member shall disclose this interest
and otherwise comply at the first Meeting attended by him after the particular
Meeting.
6.3 Presentations / Special Events
6.3.1 At the request of a Member of Council or the Municipality's staff, any person,
organization, corporation, or appointed official may be permitted to address
the Members to inform them of matters of significance to the Municipality
provided that the request has been submitted to the Clerk by 9:00 a.m. on the
Tuesday in the week preceding the Meeting.
6.3.2 Presentations shall include only the following:
a) civic recognition / awards;
b) presentations by Municipal staff or consultants retained by the
Municipality;
c) presentations from senior levels of government or other municipal
governments.
6.3.3 Municipal audio visual equipment may be used to assist in presentations,
provided that permission has been obtained for the use of such equipment
from the Clerk at the time the presenter contacts the Clerk to register for the
meeting. The presentation material must be provided to the Clerk at least by
9:00 a.m. on the Thursday preceding the Meeting,
6.4 Announcements
6.4.1 During the announcement portion of a Council Meeting, Members may
announce or comment on community events and activities when recognized by
the Presiding Member.
6.5 Delegations
6.5.1 See Section 9.
6.6 Open Forum
6.6.1 An Open Forum shall last no longer than ten (10) minutes. Each speaker will be
permitted to speak for a maximum of two (2) minutes total and will only be
permitted to speak once.
6.6.2 Each speaker shall be required to register with the Clerk in writing prior to noon
on the day of a Council meeting, by providing their name and address and
agenda item number, which may become part of the public record.
6.6.3 No discussion or debate, and no decision or motion shall be made during or as a
result of comment made during Open Forum.
6.6.4 The Mayor will call on registered speakers in order of their registration.
6.6.5 The Mayor may conclude Open Forum prior to the (10) minute maximum time
limit for non-compliance with the Open Forum parameters, conduct of members
of the public, or any other reason.
6.6.6 The following matters will not be permitted during Open Forum:
a) Comments/complaints against Members of Council or Municipal staff;
b) Closed Session agenda items;
c) Comments with respect to Minutes of Council or Committees;
d) Comments that are contrary to the Municipal Freedom of Information
and Protection of Privacy Act (MFIPPA)
e) Comments with respect to any applications which have proceeded
through a Public Meeting in accordance with the Planning Act, with the
exception of a comment related to a recommendation contained in a
Staff Report.
6.7 Minutes
6.7.1 Minutes of previous Meetings shall be listed under this section of the Agenda.
6.7.2 Previous Meeting Minutes may be disposed of through a single resolution or,
alternatively, any Member may request that one or more recommendations
contained in the Minutes be separated and voted on separately.
6.8 Motions and Notices of Motion
6.8.1 A Member of Council may file a Motion to be placed on the Council Agenda
with the Clerk no later than 9:00 A.M. on the Tuesday of the week preceding
the Council Meeting at which it is to be presented for consideration and dealt
with.
6.8. 2 A Member of Council may file a Notice of Motion with the Clerk no later than
9:00 a.m. on the Tuesday of the week preceding the Council Meeting at which
it is to be presented, of which shall be deliberated at the next Regular
Meeting of Council.
6. 9 Correspondence
6.9.1 All Correspondence intended to be presented to Council shall be legibly
written or printed, shall not contain any impertinent or improper matter or
language, shall identify the author(s) by name and municipal address and
shall be filed with the Clerk before it is presented to Council.
6. 9. 2 Every item of Correspondence shall be delivered to the Clerk no later than
Tuesday at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own
discretion, is delegated the authority to direct the item of Correspondence or
a summary thereof to the appropriate Agenda. The Clerk shall ensure that a
summary of the content of the correspondence is prepared and included in the
Agenda and a recommendation for disposal, being either "Receive for
Information" or "Requiring Action" is assigned.
6.9. 3 Notwithstanding Section 6.9.2, and at the discretion of the Clerk,
Correspondence received after 9:00 a.m. on the Tuesday preceding the
Meeting, and being of an urgent nature or directly relevant to a matter on the
Agenda for the Meeting, may be communicated to Council by way of an
Addendum to the Agenda including a summary of the content of the
Correspondence item.
6.9.4 Upon presentation of a motion and prior to its approval, any item of
Correspondence may be the subject of limited discussion. Council may briefly
discuss the matter and if consensus is reached, a revised recommendation
may be presented.
6. 10 Reports to Council
6.10.1 The Reports to Council section of the Council Agenda shall include any report
that, due to timing, urgency, the important nature of the report and/or
expediency, the Clerk has determined should be considered by Council.
6.10.2 Notwithstanding Sections 5.1.4 and 5.1.5 of this By-law, Reports to Council
may be included on an Addendum at the sole discretion of the Clerk.
6.11 By-laws
6.11.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law
granting authority to borrow under the authority of the Municipal Act, or any by-
law arising as the result of an order or decision of any quasi-judicial body, shall
be presented to Council unless the subject matter thereof has been
considered by Council and has been approved by Council. The Clerk shall
prepare and include in the Council Agenda a summary of all By-laws,
specifying the title of each By-law.
6.11.2 Every By-law, when introduced, shall be in typewritten form and shall contain
no blanks, except such as may be required to conform to accepted procedure
or to comply with the provisions of any Act, and shall be complete with the
number and date to be affixed.
6.11.3 All by-laws shall be given first and second readings in a single motion, unless
a Member wishes to discuss the contents of a specific by-law, at which time
the subject by-law shall be removed from the motion and dealt with separately.
6.11.4 When the by-laws are reported with or without amendment, they shall be
forthwith given third reading in a single motion at the same Meeting on the
affirmative vote of the majority of the Members present and voting.
6.11.5 The Clerk shall endorse on all By-laws enacted by Council, the date of the
several readings thereof.
6.11.6 Every By-law which has been enacted by Council shall be numbered and
dated, and shall be signed by the Mayor, or his designate, and the Clerk,
sealed with the seal of the Municipality and, thereafter, shall be retained under
the control of the Clerk.
6.12 Unfinished Business
6.12.1 Any matters presented, considered, referred or tabled or any delegations not
otherwise disposed of through the consideration of an Agenda matter or
previous Agenda, shall be disposed of during this portion of the Meeting.
6.13 Other Business
6.13.1 Items of business requiring the direction of Council or a formal resolution will
appear under this section in the Agenda. These matters should generally pertain
to information items and can include Reports on Advisory Committees. Any
proposal to present a Motion must comply with Section 11 of this By-law.
6. 14 By-law to Confirm the Proceedings of Council
6.14.1 At the conclusion of all Regular and Special Meetings of Council and prior to
Adjournment, a Confirming By -law shall be brought forward to confirm the
actions of the Council at that Meeting in respect of each Motion, Resolution and
other action taken and a Confirming By-law, when introduced, shall be taken as
having been read and shall be voted on without debate.
6.15 Adjournment
6.15.1 See Sections 11.28, Section 11.29 and Section 11.30
6.16 Electronic Participation
6.16.1 Notwithstanding that set forth in Section 6, and in accordance with the COVID-
19 Economic Recovery Act, 2020 to amend the Municipal Act, 2001, the
following rules and regulations for electronic participation in a Council Meeting
shall apply:
a) A Member who is unable to attend a Council Meeting in person may participate
in that Meeting by electronic or other communication facilities if the facilities
enable all participating Members, whether attending in person or through
electronic participation, to hear and be heard by all other Members.
b) Except for all or any part of the Council Meeting that is closed to the public, the
electronic or other facilities are capable of and enable the public to hear, or
watch and hear, all Members participating in the Meeting.
r_) A Member who intends to participate in any such Meeting of Council by
electronic or other communication facilities shall give to the Clerk Notice of that
intention at least 24 hours prior to the commencement of such Meeting,
provided that, if Notice of such Meeting is provided less than 24 hours prior to its
scheduled commencement, then the Member shall give to the Clerk as much
notice as possible prior to commencement of such Meeting. In all such
circumstances, the Clerk will, as soon as reasonably possible, provide the
Member intending to attend by electronic participation with instructions on how
to connect to and participate in that Meeting by electronic or other
communication facilities.
d) There shall be no limit upon the number of Members who may attend a Meeting
of Council by electronic or other communication facilities.
e? The Mayor (or designate), as Chair, shall lead the Meeting and be present from
a designated meeting location supported by the CAO (or designate), where
possible.
f) Each Member attending the Meeting by electronic or other communication
facilities shall notify the Chair and other Members when he or she joins the
Meeting and, if and when applicable, upon leaving the Meeting.
g) Any Member attending and present during a Meeting by electronic or other
communication facilities shall be counted for purposes of quorum at the
commencement of and at any point in time during the Meeting.
h) Any Member attending and present during a Meeting by electronic or other
communication facilities may participate in all aspects of the Meeting as if
present in person, including but not limited to debate, questioning, presentation
of motion, and/or voting.
ij During the course of a Meeting within which any Member is participating by
electronic or other communication facilities, the Chair (or designate) shall
announce each agenda item on the floor of the Meeting and shall thereafter
maintain an orderly meeting process, including keeping Members fully informed.
j; Any Member attending and present during a Meeting by electronic or other
communication facilities may vote on any matter being considered in such
Meeting and that vote shall be counted and, as set forth below, duly recorded.
k:i During the course of each vote conducted within such Meeting:
All votes shall be a recorded vote conducted by the Clerk, as directed by
the Chair, unless Council decides otherwise.
H. The Clerk shall call the name of each Member to vote and shall thereafter
record such indicated vote of that Member as "yes" or "no'
iii. If the Member, whether present in person or electronically and after two
attempts, fails to respond to the call of his or her name, then the vote is
recorded as "no", unless directed otherwise by the Chair.
iv. The Clerk shall announce the results of the vote to the Chair and Council,
including announcement of the specific vote of each Member as either
yes" or "no".
1) During the course of the Meeting:
i. Each Member shall remain silent and attentive to the proceeding when
not assigned to the floor by the Chair.
ii, Each Member shall listen for their name to be assigned to the floor to
speak or to vote.
iii. All Members shall take and abide by the directions of the Chair in order to
facilitate an effective, efficient, and orderly Meeting.
6.16.2 The rules and regulations set forth under Section 6.16.1 of this By-law shall also
be applicable to any Council Meeting held during any period in which an
emergency has been declared to exist in all or part of the territorial limits of the
Municipality of Bayham pursuant to either section 4 or 7.0.1 of the Emergency
Management and Civil Protection Act.
Section 7 - ORDER OF PROCEEDINGS — PUBLIC MEETINGS
7.1 Public Meetings
7.1.2 Public Meetings shall be conducted in the following manner:
a) the Chair shall state the purpose of the Public Meeting and shall
explain to those present how the Public Meeting shall be
conducted;
b) a member of the Municipal staff and/or Municipal Consultant shall
then address the Council to present the matter to the Council;
c) if applicable, the applicant or agent who is present shall then
make representation regarding the matter;
d) Members of the Committee shall then be given the opportunity
to ask questions or seek clarification regarding the matter; and
e) members of the public shall then be permitted to make
representation regarding the matter.
7.2 Adjournment
7.2.1 See Section 11.28, Section 11.29 and Section 11.30
8.1 Call to Order
8.1.2 As soon as a Quorum is present after the hour set for the holding of the
Meeting, the Chair shall call the Members present to order.
8.1.3 If the Chair does not attend a Meeting within fifteen (15) minutes after the
time set for the Meeting and a quorum is present, the Vice Chair shall
preside over the Meeting and shall exercise all duties and responsibilities of
the Chair as outlined in this Procedural By-law until the Chair is present at
the Meeting and able to perform his responsibility to assume the chair.
8.1.4 If the Vice Chair is also not present within fifteen (15) minutes after the time
set for the Meeting and a quorum is present, the Clerk shall call the Meeting
to order, and the Members present shall appoint a Presiding Member who
shall act as Chair of the Meeting until the arrival of the Chair or Vice Chair,
whoever is the first to arrive and is able to assume the chair.
8.2 Disclosures of Pecuniary Interest
8. 2.1 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 of the Advisory Board or Committee at which the matter
is the subject of consideration the Member shall:
a) prior to any consideration of the matter at the Meeting, disclose the
interest and the general nature thereof;
b) not take part in any discussion of or vote on any question with respect
to the matter; and
c) not attempt in any way before, during and after the meeting to influence
the voting on any such question.
8. 2. 2 Where the Meeting is not open to the public, in addition to complying with the
requirements of Section 6.2.1, the Member shall immediately leave the Meeting
or part of the Meeting during which the matter is under consideration.
8. 2. 3 Where a Member is absent from a Meeting which includes a matter for which
the Member has a pecuniary interest, the Member shall disclose this interest
and otherwise comply at the first Meeting attended by him after the particular
Meeting.
8. 3 Delegations
8. 3.1 See Section 9.
8.4 Matters of Business
8.4.1 Any matters presented, considered, referred or tabled or any delegations not
otherwise disposed of through the consideration of another Agenda heading,
shall be disposed of during this portion of the Meeting.
8.4.2 Items of business requiring the direction of the Advisory Board or Committee or
a formal resolution will appear under this heading in the Agenda. These matters
should generally pertain to information items and can include correspondence
and Members' Reports.
8. 4.3 All Matters of Business intended to be presented to the Advisory Board or
Committee shall be legibly written or printed, shall not contain any impertinent or
improper matter or language, shall identify the author(s) by name and municipal
address and shall be filed with the Clerk before it is presented to the Advisory
Board or Committee.
8.4.4 All matters to be considered under this heading of the Agenda shall be received
by the Clerk no less than five (5) days prior to the Advisory Board or Committee
Meeting date.
8.5 Adjournment
8.5.1 See Section 11.28, Section 11.29 and Section 11.30
91 Delegations
9.1.1 There shall be no more than four (4) delegations, in total, scheduled for any
Regular Meeting unless the Chair approves additional delegations no later than
forty-eight (48) hours prior to the Regular Meeting.
9.1.2 Persons desiring to verbally present information on matters of fact or to make a
request shall give notice, including specific details regarding the subject of their
address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the
week prior to the Meeting.
9.1.3 Notwithstanding Section 9.1.2, Members may, at their sole discretion, entertain
delegations with less notice as the circumstance may warrant with a two-thirds
2/3) majority.
9.1.4 Notwithstanding Section 9.1.3, a person wishing to present information is not
required to give written notice nor be listed on the agenda with respect to a
matter which the public has been given notice of the Public Meeting under the
Planning Act, any other Act, or according to Municipal Policy, as required.
9.1.5 A Delegation shall be permitted to speak on a matter only once within a six (6)
month period and shall be limited to speak for no more than ten (10) minutes
and be so advised in advance of their delegations. An extension to speak may
be decided, without debate, by a majority of Members present. Where a
delegation consists of a group of three or more persons, the group may speak
for no more than fifteen (15) minutes. Where a Delegation wishes to provide
Members with written communication, including a petition, supporting the
Delegation's comments, the communication shall be provided to the Clerk and
may be distributed to the Members at the discretion of the Clerk.
9.1.6 Municipal audio visual equipment may be used to assist in presentations,
provided that permission has been obtained for the use of such equipment from
the Clerk at the time the presenter(s) contacts the Clerk's Department to
register for the meeting. The presentation material must be provided to the
Clerk by 9:00 A.M. Thursday the week prior to the scheduled day of the
Meeting.
9.1.7 No Delegation shall
a) speak disrespectfully of any person;
b) use improper language or unparliamentary language;
c) speak on any subject other than the subject for which they have
received approval to address; or
I) disobey the rules of procedure or a decision of the Members.
9.1.8 Members shall be permitted to ask questions of delegates only to clarify their
submissions or to elicit further information from them that is relevant to their
submission.
9.1.9 Members may refuse to hear delegations when, in the opinion of Members, the
subject of the presentation is beyond the jurisdiction of the Municipality.
9.2 Petitions
9.2.1 Every petition intended to be presented shall be legibly written or printed and
shall not contain any impertinent or improper matter or language and shall be
signed by at least one person and filed with the Clerk.
9.2.2 Every petition shall be delivered to the Clerk not later than Thursday at 9:00
a.m. of the week prior to the Meeting before the commencement of the Meeting
and, if in the opinion of the Clerk it contains any impertinent or improper matter
or language, the Clerk shall decide whether it should be included in the
Agenda.
Section 10 - RULES OF DEBATE AND CONDUCT
10.1 Conduct of Members
10.1.1 No Member shall:
a) speak disrespectfully of the Reigning Sovereign, or of any
Member of the Royal Family, or of the Governor-General, the
Lieutenant -Governor of any Province, of any member of the
Senate, the House of Commons of Canada or the Legislative
Assembly of the Province of Ontario;
h ) use offensive words or unparliamentary language or speak
disrespectfully against any Member or against any officer or
employee of the Municipality of Bayham;
cti speak on any subject other than the subject being debated;
dl; disobey the Rules of Procedure or a decision of the Chair,
whoever is in the chair for the Meeting or a portion of the
Meeting, on questions of Points of Order or procedure or upon
the interpretation of the Rules of Procedure except where the
ruling of the Chair is reversed by the Members pursuant to
Section 11.23. If a Member persists in any such disobedience
after having been called to order, the Chair shall forthwith order
that Member to vacate the room in which the Meeting is being
held, but if the Member apologizes, he may, by majority vote of
the Members, be permitted to retake his seat;
e) speak in a manner that is discriminatory in nature based on an
individual's race, ancestry, place of origin, ethnic origin,
citizenship, creed, gender, sexual orientation, age, colour,
marital status, family status or disability; or
f) 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 the deliberations of the closed
Meeting to any person.
10.2 Address the Chair
10.2.1 Any Member desiring to speak shall signify their desire to speak in such
manner as the Chair may direct, and upon being recognized by the Chair, shall
address the Chair, only.
10.3 Order of Speaking
10.3.1 The Chair over any part of a Meeting may state relevant facts and their position
on any matter before Members without leaving the chair, which may take place
immediately prior to the vote, but it shall not be permissible for the Chair to
move a motion or debate without first leaving the chair.
10.3.2 When two or more Members signify a desire to speak, the Chair shall recognize
the Member who, in the opinion of the Chair, so signified first and next
recognize in order the other Members.
10.4 Point of Privilege
10.4.1 Where a Member considers that his integrity, the integrity of the Members as a
whole, or the integrity of staff has been impugned, the Member may, on a Point
of Privilege, rise with the consent of the Chair for the purpose of drawing the
attention of Members to the matter.
10.4.2 When a Member is permitted to raise such matter of privilege, it shall take
precedence over other matters, but the Member shall not be permitted to enter
into any argument or introduce any Motion related to the Point of Privilege.
10.4.3 When the Chair considers that the integrity of the Administrator or a Member of
Municipal Staff has been impugned or questioned, the Chair may permit the
Administrator or Staff to make a statement to Members.
10.4.4 When a Point of Privilege is raised, it shall be considered and decided by the
Chair immediately and the decision of the Chair under this section shall be final.
10.5 Point of Order
10.5.1 When a Member desires to call attention to a violation of the Rules of
Procedure, the Member shall ask leave of the Chair to raise a Point of Order
and, after leave is granted, shall succinctly state the Point of Order to the Chair
and the Chair shall then decide upon the Point of Order and advise the Member
of the decision.
10.6 Appeal of Ruling of Chair
10.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the
Member does not appeal immediately thereafter to Members, the decision of
the Chair shall be final.
10.6. 2 If the Member wishes to appeal the decision of the Chair, he shall appeal
immediately to Members, otherwise the decision of the Chair is final.
10.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling
and will call a vote by Members, without debate on the following question:
Will the ruling be sustained?", and the decision of Members, is final. The
Chair may vote on this question. In the event of a tie of votes, the ruling of the
Chair shall be deemed to be sustained.
10.7 Members Speaking
10.7.1 When a Member is speaking, no other Member shall pass between the Member
and the Chair, or interrupt the Member except to raise a Point of Order.
10.8 Question Read
10.8.1 Any Member may require the question or motion under discussion to be read at
any time during the debate but not so as to interrupt a Member while speaking.
10.9 Speak Once —Reply
10.9.1 No Member shall speak more than once to the same question without leave of
Members except that a reply shall be allowed to be made only by a Member
who has presented the motion, but not by any Member who has moved an
amendment or procedural motion in response to that motion.
10.10 Time Limited
10.10.1 No Member, without leave of Members shall speak to the same question or in
reply for longer than five (5) minutes
10.11 Questions
10.11.1 A Member may ask a question for the purposes of obtaining information relating
only to the matter under discussion and such questions must be stated
concisely and asked only through the Chair.
10.11.2 Notwithstanding Section 10.11.1 when a Member has been recognized as the
next speaker, then immediately before speaking, such Member may ask a
question through the Chair to any Member, the Administrator Staff, concerning
any matter connected with the business of the Municipality currently under
discussion but only for the pu rpose of obtaining information, following which
the Member may speak.
Section 11 - MOTIONS
Reading
11.1 All motions must be introduced by a mover and a seconder before the Chair
may put the question or motion on the floor for consideration. If no Member
seconds the motion, the motion shall not be on the floor for consideration and
therefore it shall not be recorded in the minutes.
11.2 When a motion is presented in a Meeting, it shall be read in its entirety before
debate.
11.3 Notwithstanding Section 11.1, if a motion is printed in the Agenda as either a
separate item or as part of a Report, it need not be read in its entirety unless
requested to do so by a Member but shall be deemed as read for the
purposes of introducing the Motion.
11.4 If, during a Meeting, the Chair desires to leave the chair to move a motion or
take part in the debate or otherwise, the Presiding Member shall call on the
Deputy Mayor or Vice Chair to preside until the motion is disposed of.
Withdrawn
11.5 After a motion is properly moved and seconded, it shall be deemed to be in
possession of Members, but may be withdrawn by the mover at any time before
decision or amendment.
No debate until properly moved and seconded
11.6 No Member shall speak to any motion until it is properly moved and seconded,
and the mover is entitled to speak first if the Member so elects. If debated, the
question or motion may be read before being put.
Motion ruled out of order
11.7 Whenever the Chair is of the opinion that a motion is contrary to these Rules of
Procedure, the Chair shall rule the motion out of order.
Not within jurisdiction of Council
11.8 A Motion in respect of a matter which requires the exercise of a legislative
power by Council which is not within its jurisdiction shall not be in order at a
Meeting of Council.
Motions Without Notice and Without Leave
11.9 The following matters and motions may be introduced orally by a Member
without written notice and without leave, except as otherwise provided by this
Procedural By-law, and shall be decided without debate:
a) a point of order or privilege;
b) to adjourn;
c) to table the question without directions or instructions;
d) to suspend the Rules of Procedure;
e) to lift from the table;
f) to divide the question;
g) to refer (without instructions);
h) question be now put, and
i) to recess.
11.10 The following motions may be introduced orally by a Member without notice and
without leave, except as otherwise provided by this Procedural By-law, and may
be debated:
a) to refer with direction (direction for referral only to be debatable);
to table with instructions (instructions for tabling only to be
debatable);
b) to amend; and
c) to rescind.
Priority of Disposition
11.11 A motion properly before Members for decision must be disposed of before any
other motion can be received except a motion in respect of matters listed in
Sections 11.8 and 11.9.
Motion to Amend
a) shall be presented in writing if requested by the Chair;
b) shall relate to the subject matter of the main motion;
c) shall not be received proposing a direct negative to the question;
and
d) shall be put to a vote in reverse order to the order in which the
amendments are made.
11.13 Only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original motion.
Question be now put
11.14 A motion that the question be now put:
a) is not debatable cannot be amended
b) cannot be proposed when there is an amending motion under
c) consideration, except for the purpose of moving that the
d) amending motion be put;
when resolved in the affirmative, requires that the question,
motion, amending motion or motion as amended, whichever is
under consideration be put forward immediately without debate or
amendment;
f) can only be moved in the following words, "that the question be
now put"; and
q; requires an affirmative vote of two-thirds (2/3) of the Members
present and voting.
Motion to refer or defer/postpone
11.15 A motion to refer or to refer back or to defer or to postpone the question may
include instructions respecting the terms upon which the question is to be
referred or deferred or postponed.
11.16 A motion to refer or to refer back or to defer or to postpone the question shall
not be debatable except where instructions are included, in which case, only
the instructions shall be debatable.
11.17 A motion to refer or to refer back or to defer or to postpone the question may
not be amended except where instructions are included, in which case, only the
instructions may be amended in accordance with the provisions in Section
11.15.
Motion to table
11.18 A motion simply to table is not debatable except where instructions are
included, in which case, only the instructions shall be debatable. Such motion
cannot be amended.
11.19 A motion to table with some condition, opinion, or qualification added to the
motion shall be deemed to be a motion to defer or postpone made under
Section 11.14, Section 11.15 and Section 11.16.
11.20 The matter tabled shall not be considered again by Members until a motion has
been made to lift from the table the tabled matter at the same or subsequent
Meeting.
11.21 A motion to lift a tabled matter from the table is not subject to debate or
amendment.
Motion to divide
11.22 A motion containing distinct proposals may be divided and a separate vote shall
be taken upon each proposal contained in a motion if decided upon by a
majority vote of the Members present and voting.
Motion to rescind
11.23 A motion to rescind a previous action of Members requires a majority vote of
the Members present and voting provided that notice has been given at the
previous Meeting or in the Agenda for the Meeting, and in case the aforesaid
notice has not been given, the motion to rescind requires a two-thirds (2/3) vote
of the Members present and voting.
11.24 A motion to rescind is not in order when action has been taken on the order of
Members of which it is impossible to revise. The part of an order of Members
which has not been acted upon, however, may be rescinded.
Reconsideration
11.25 A resolution, by-law or any question or matter (except one of indefinite
postponement) which has been adopted previously by Members may be
reconsidered by Members subject to the following:
a) Only a Member who voted thereon with the majority may make a
Motion to Reconsider;
such motion must be supported by two-thirds (2/ 3) of the
Members present and voting in favour of such reconsideration
before the matter is re -opened for debate;
c) debate on a motion to reconsider must be confined to reasons for
or against the subject of the reconsideration;
s} if a motion to reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless
the motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been
voted on; and
a vote to reconsider a particular matter or decision will not be
considered more than once during the term of Council.
Motion to recess
11.26 A motion to recess shall provide for Members to take a short intermission within
a Meeting which shall neither end the Meeting nor destroy its continuity and
after which, proceedings shall immediately resume at the point where they were
when interrupted.
11.27 A motion to recess is not debatable, but it is amendable as to the length of the
recess and is not in order when another motion is on the floor
Motion to Adjourn
11.28 A motion to adjourn is not debatable or amendable 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 Chair his desire to speak on
the matter.
11.29 A motion to adjourn, if carried, without qualification, will bring a Meeting to an
end.
11.30 A motion to proceed beyond the hour of 11:00 p.m.:
a) shall not be amended or debated,
b) shall always be in order except when a Member is speaking or the
Members are voting; and
c) shall require the support of two-thirds (2/ 3) of the Members
present and voting.
Any Regular or Special Meeting proceeding past 11:00 p.m. shall
not proceed past 11:30 p.m.
e) Members shall use this additional time to dispose of the most time -
sensitive items as decided at the sole discretion of Members.
f) Any items not formally disposed of by 11:30 p.m. shall be deemed
deferred until the next Meeting, as determined by resolution, and
will be disposed of at that time.
Section 12 - VOTING ON MOTIONS
12.1 Immediately preceding the taking of a vote on a motion, the Chair may state the
question in the form introduced and shall do so if required by a Member.
12.2 After a question is finally put by the Chair, no Member shall speak to the question nor
shall any other motion be made until after the vote is taken and the result has been
declared.
12.3 Every Member present at the Meeting, when the question is put, shall vote thereon
unless disqualified under the Municipal Conflict of Interest Act to vote on the question.
12.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act
from voting, if a Member does not vote when a question is put, that Member shall be
deemed to have voted in the negative.
12.5 A Member not in his seat when the question is called by the Chair is not entitled to
vote on that question.
12.6 Each Member has only one vote.
12.7 The Chair shall announce the result of every vote.
Unrecorded Vote
12.8 The manner of determining the decision of the Members on a motion shall be at the
direction of the Chair and may be by voice, show of hands, standing, or otherwise.
Recorded Vote
12.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote may
be requested by a Member at which time each Member present, except a Member
who is disqualified from voting by any Act, shall announce his vote openly and the
Clerk shall record his name and his vote on the question.
12. 10 The order in which Council Members, present and voting, vote on Recorded Votes
shall be:
a) Ward Councillors (in ascending numerical order);
b:) Deputy Mayor; and
Ci Mayor
12.11 The order in which Board or Committee Members, present and voting, vote on
Recorded Votes shall be in alphabetical order by surname and the Chair last.
12.12 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote,
the Member shall be deemed and recorded as voting against the question.
Section 13 - CONDUCT OF THE AUDIENCE
13.1 Members of the public who constitute the audience in the Council Chamber, or other
such place where a Meeting is held in accordance with Section 4 of this Procedural By-
law, during a Meeting shall respect the decorum of Council, maintain order and quiet
and may not:
a) address Council without permission;
b') interrupt any speaker or action of the Members or any person
addressing Council;
c) speak out;
d) applaud;
e) behave in a disorderly manner; or
f) make any noise or sound that proves disruptive to the conduct of
the Meeting.
13.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the
Council Chambers, or any other location in which Council may conduct their business.
13.3 The Mayor or Chair may request that a member or members of the public vacate the
Council Chambers or any other location in which Council may conduct their business if
their behaviour is deemed to be disruptive to the business at hand.
Section 14 - ADMINISTRATION
14.1 This By-law shall be administered by the Clerk.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT By -Law No. 2022-003 and any associated amendments shall be repealed;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16t" DAY OF
MARCH 2O23.
K
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-015
A BY-LAW TO ESTABLISH A JOINT CEMETERY BOARD
WHEREAS Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decision of Council;
AND WHEREAS the operation and maintenance of cemeteries in the Municipality of
Bayham is fulfilled through either the Municipality or individual cemetery boards;
AND WHEREAS Council for the Municipality of Bayham deems it desirable for the
individual cemetery boards to form a Joint Cemetery Board to operate as a Committee
of Council;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT a Joint Cemetery Board be established for the Municipality of Bayham;
2. AND THAT the Board operates in accordance with its Terms of Reference
attached hereto as Schedule "A"
3. AND THAT this by-law shall come into effect on the date of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16tn
DAY OF FEBRUARY 2023.
S V
1 ` N" M rAV J 2
7P, x ty ILS
siA11J:719MA
JOINT CEMETERY BOARD
Terms of Reference
The Municipality of Bayham has several cemeteries within its boundaries that are
operated by either an Individual Cemetery Board or by Municipal staff.
The Joint Cemetery Board provides a vessel of communication from the
Individual Cemetery Boards to Council.
2. DUTIES
The Joint Cemetery Board co-ordinates and supports the efforts in pursuing
consistency among the Bayham Cemetery Boards and ensuring compliance with
the requirements of the Funeral, Burial, Cremation Services Act, 2002 (FBCSA)
and Regulations, as amended.
The Joint Cemetery Board makes recommendations to Council relating to
cemetery operations and maintenance for all of Bayham's cemeteries listed
herein.
Below outlines the cemeteries that are operated by a board and without a board:
Individual Board:
Straffordville Cemetery
Calton Cemetery
Bayham West Cemetery
Guysboro Cemetery
No Board:
Dobbie Cemetery
Best Cemetery
Smuck Cemetery
Eden Cemetery
Light Cemetery Edison Cemetery
Claus Cemetery Stanton Cemetery
Firby Cemetery Old Eden Cemetery
Old Richmond (Godwin) Cemetery
Otter Valley Cemetery
i Estherville Cemetery
Amerman Cemetery
Abandoned Cemetery
Hemlock Creek Cemetery
Hutchison Cemetery
3. MEMBERS
The Joint Cemetery Board is comprised of one (1) voting member from each
cemetery currently operating with a Board, and (1) member of Council. The
appointed member of Council shall be appointed as Chair. The Mayor may attend
meetings in an ex-officio capacity and does not have a vote.
4. APPOINTMENTS & QUALIFICATIONS
Members of the Joint Cemetery Board are determined by the individual Cemetery
Boards. Each individual Board is to select one (1) representative to be a member of
the Joint Cemetery Board. Such selections are to be confirmed in writing to the
municipality.
Members of the Joint Cemetery Board are considered representatives of all listed
cemeteries, regardless of the individual Cemetery Board that one represents.
Appointments to the individual Cemetery Boards will be carried out as outlined in the
Advisory Board and Committee Policy.
Ideal applicants for individual Cemetery Boards should:
Be a resident of Bayham
18 years of age or older
Available for in person meetings held at the Municipal Office in Straffordville
Have an interest in local history, heritage and genealogy
Willing to assist with cemetery records, sales, internments, and licensed
operators
Staff members are not eligible to serve on an Advisory Board or Committee.
5. MEETINGS
The Joint Cemetery Board will meet a minimum of two (2) times a year — once in April
and once in November. Additional meetings, if required, may be scheduled in
agreement between the Chair and the Clerk.
6. ADMINISTRATIVE SUPPORT
The Deputy Clerk or designate will attend all meetings and be responsible for the
preparation and distribution of agendas and minutes.
The Treasurer is in charge of the business and affairs of the Cemeteries and will also
be in attendance at each meeting. The Treasurer, for purposes of the Joint Cemetery
Board, is the primary Staff Resource.
Specific staff members or external stakeholders may be requested to attend
meetings from time to time.
Committee members cannot direct staff.
7. REPORTING RELATIONSHIP
Committees of Council provide recommendations to Council. Any motions passed by
the Committee that involve a recommendation to Council will be presented to Council
for consideration at the next available Regular Meeting agenda. Outcomes of
Council's consideration will be provided to the Committee on their next available
Regular Meeting agenda.
8. TERMINATION AND AMENDMENTS
This Committee shares the same term of Council unless otherwise stated. Council
may terminate or amend the terms at any time as deemed appropriate.
Committee members are to operate and adhere to all provisions set out in the
Advisory Board and Committee Policy, the Council and Committee Procedural By-
law, and the Cemetery By-law.
Members of the Joint Cemetery Board are volunteers and do not receive
remuneration for their duties.
MEMO
JOINT CEMETERY BOARD
TO: Joint Cemetery Board Members
FROM: Meagan Elliott, Deputy Clerk
DATE: May 25, 2023
MEMO: JCB-02/23 SUBJECT: JOINT CEMETERY BOARD MEETING SCHEDULE
BACKGROUND
In accordance with the Joint Cemetery Board (JCB) Terms of Reference, the Committee is to set
the Regular Meetings at the first meeting of the year. The Terms of Reference states that the JCB
meets twice a year, once in April and once in November. DISCUSSION
Due to streamlining Committee documents and Members, the first meeting of 2023 did not take place until May.
The second meeting of 2023 is proposed for Tuesday, November 7, 2023 at 5pm in the Trackless Lounge.
Additional meetings may be scheduled by the call of the Chair, if deemed necessary. RECOMMENDATION THAT Memo JCB-02/23 re Joint Cemetery Board Meeting Schedule be received for information;
AND THAT the following meeting dates be the Regular Meetings for the Joint Cemetery Board for 2023:
Tuesday, November 7, 2023 at 5 pm (Trackless) AND THAT the first meeting of 2024 be scheduled at the November 7, 2023 Meeting.
MEMO
JOINT CEMETERY BOARD
TO: Joint Cemetery Board Members
FROM: Lorne James, Treasurer
DATE: May 25, 2023
MEMO: JCB-03/23 SUBJECT: 2023 MAINTENANCE NEEDS
BACKGROUND
The Joint Cemetery Board provides recommendations on cemetery maintenance needs which
include grass cutting, tree maintenance/removal, fence repairs and general property maintenance. DISCUSSION This memo is presented for Members to discuss the upcoming needs for the 2023 season. In 2021, the Municipality issued a Tender for lawn maintenance services in Bayham. The Municipality has an Agreement, executed by By-law No. 2021-062, for lawn maintenance
services. The Agreement is with Swantech Industries and is in place through 2024. Section 5.4 of the Agreement addresses Municipal Cemeteries and identifies the number of
approved cuts between May 1 and October 31 in a maintenance year. All cemeteries identified in the Agreement receive fourteen (14) cuts/year, except Calton, which receives twelve (12).
This Agreement is overseen by the Manager of Public Works. The Boards annually submit any additional maintenance to be performed and tendered/ combined with any municipal contract work in that year. The Treasurer advises the Manager of Public works based on maintenance requested. RECOMMENDATION THAT Memo JCB-03/23 re 2023 Maintenance Needs be received for information; AND THAT the Joint Cemetery Board provide recommendations, if any, to Council regarding
general cemetery maintenance programs in Bayham.
MEMO
JOINT CEMETERY BOARD
TO: Joint Cemetery Board Members
FROM: Lorne James, Treasurer
DATE: May 25, 2023
MEMO: JCB-04/23 SUBJECT: TREASURER REPORT
BACKGROUND
Annual cemetery financial reports are presented to the Joint Cemetery Board for review. DISCUSSION 2021 and 2022 financial reports for board distribution of financial operations activity and care and maintenance fund account for year are attached to this memo. ATTACHMENTS
1. Cemetery Board Income Statement 2021 2. Cemetery Care and Maintenance Fund 2021 3. Cemetery Board Income Statement 2022
4. Cemetery Care and Maintenance Fund 2022 RECOMMENDATION THAT Memo JCB-04/23 re Treasurer Report be received for information.
Bayham
Total West Calton Eden Guysboro Smuck Straffordville MofB
Balance, beginning of the year 70,130.89 10,645.65 14,730.76 4,281.75 27,602.05 4,494.11 8,376.57 -
-
Revenues -
Sale of plots, monument, markers etc.4,350.00 1,250.00 200.00 1,350.00 800.00 300.00 450.00
Burial charges 10,466.01 2,009.45 120.00 3,976.00 670.00 70.00 2,890.00 730.56
Donations and Sundry 3,935.00 3,635.00 200.00 100.00
Contribution from Bayham -
Investment 2,000.00- 2,000.00-
Interest from Bayham 5,785.45 831.86 970.34 1,308.74 739.08 405.59 1,529.84
Interest from bank 1,334.43 0.29 - 21.04 1,313.10 -
-
23,870.89 4,091.31 4,925.34 6,635.03 2,209.08 996.63 2,753.10 2,260.40
-
Expenses -
Admin and general 4,069.88 95.55 10.80 138.42 12.00 12.00 3,606.00 195.11
Maintenance 20,544.12 1,581.78 643.78 2,381.78 2,229.78 1,261.78 4,492.13 7,953.09
Columbarian -
Bank Charges - - - -
Transfer to Care and Maintenace 5,000.00 1,200.00 1,350.00 2,000.00 - 450.00 -
-
29,614.00 2,877.33 654.58 3,870.20 4,241.78 1,273.78 8,548.13 8,148.20
-
HST Rebate 6,554.11- 811.00 47.45- 36.40 679.25 269.10- 48.10 363.80
Closing balance 65,198.78 11,812.18 19,037.92 7,725.83 25,300.25 4,265.06 2,945.34 5,887.80-
Invested in GIC - - 1,000.00
-
Adjusted Closing Balance 70,355.68 11,812.18 19,037.92 7,725.83 25,569.35 4,265.06 1,945.34
Best Light
Burials 11 3 2 1 0 1 4
Cremation 19 4 1 7 0 7
0
0
Intern Rights 3,600.00 12 4 3 5
0
Adult 400.00 2 0 0 1 1
Flat 200.00 4 1 0 3
Small Monument 900.00 9 2 3 3 1
1,500.00
Cemetery Board
Income Statement
December 31, 2021
Cemetery Board
Fund Balance
Dec 31 20 Plots Other GST
Bayham
Interest
Supplement
Interest
earned
Interest to
Distribute
Fund Balance
Dec 31 21
Municipality of Bayham
Claus 3,829.42 53.01 61.88 (114.88) 3,829.42
Edison Pioneer 10,576.30 - 146.39 170.90 (317.29) 10,576.30
Best 1,913.00 26.48 30.91 (57.39) 1,913.00
Firby 1,149.31 15.91 18.57 (34.48) 1,149.31
Light 12,426.13 - 172.00 200.79 (372.78) 12,426.13
Old Port Burwell 9,088.32 125.80 146.85 (272.65) 9,088.32
Dobbie 12,012.07 166.27 194.10 (360.36) 12,012.07
- -
Bayham West 27,728.78 1,200.00 383.81 448.05 (831.86) 28,928.78
Calton 32,344.52 100.00 447.70 522.63 (970.34) 32,444.52
Eden 43,624.51 900.00 450.00 603.83 704.90 (1,308.74) 44,974.51
Guysboro 24,635.86 1,800.00 200.00 341.00 398.08 (739.08) 26,635.86
Smuck 10,186.23 - 140.99 164.59 (305.59) 10,186.23
Straffordville 79,322.29 450.00 - 1,097.95 1,281.72 (2,379.67) 79,772.29
Prior Year Surplus 268,836.74 3,900.00 1,200.00 0.00 3,721.14 4,343.96 -8,065.10 273,936.74 01-5050-3000
273,936.74 Current Year Surplus
0.0161584 4,343.96 0.00 Diff. - NM
3.00%Interest Guarantee 8,065.10
Owed by Bayham 3,721.14 2,191.31 Net
6,535.27 Owing Boards
Municiplity of Bayham
Cemetery Care and Maintenance Fund
December 31, 2021
Interest Actual
Bayham
Total West Calton Eden Guysboro Smuck Straffordville MofB
Balance, beginning of the year 71,086.58 11,812.18 19,037.92 7,725.83 25,300.25 4,265.06 2,945.34 -
-
Revenues -
Sale of plots, monument, markers etc.2,900.00 200.00 100.00 600.00 1,200.00 800.00
Burial charges 11,912.25 190.00 50.00 3,729.00 444.00 1,600.00 4,475.00 1,424.25
Donations and Sundry 6,890.45 850.00 6,040.45
Contribution from Bayham - -
Investment 5,000.00 - 5,000.00
Interest from Bayham 2,379.67 2,379.67
Interest from bank 964.48 0.91 107.00 856.57 -
-
30,046.85 390.00 50.00 3,829.91 1,044.00 3,757.00 19,551.69 1,424.25
-
Expenses -
Admin and general 842.20 23.25 71.20 28.25 12.00 707.50
Maintenance 37,777.24 2,640.00 3,740.00 2,750.00 2,310.00 11,207.50 15,129.74
Columbarian - -
Bank Charges -
Transfer to Care and Maintenace 2,300.00 200.00 600.00 1,500.00 -
-
40,919.44 2,663.25 271.20 3,768.25 3,350.00 3,822.00 11,207.50 15,837.24
-
HST Rebate 13,169.81- 2,297.22 - 6.50 496.60 - 400.40 1,393.72
Closing balance 62,511.21 9,538.93 18,823.22 8,284.09 22,994.25 4,600.46 12,683.25 14,412.99-
5,000.00 5,000.00
Invested in GIC - - 1,000.00
-
Adjusted Closing Balance 75,924.20 9,538.93 18,823.22 8,284.09 22,994.25 4,600.46 11,683.25
Best Light Dobbie
Burials 12 1 1 1 1 6 1 1
Cremation 29 7 2 19 1
40 1 1 8 0 3 25 0 2 1
0
Intern Rights 1,200.00 4 4 0
0
Adult - 0 0
Flat - 0 0
Small Monument 300.00 3 2 0 1 0
300.00
Cemetery Board
Income Statement
December 31, 2022
Cemetery Board
Fund Balance
Dec 31 21 Plots Other GST
Bayham
Interest
Supplement
Interest
earned
Interest to
Distribute
Fund Balance
Dec 31 22
Municipality of Bayham
Claus 3,829.42 - 58.97 3,888.39
Edison Pioneer 10,576.30 - - 162.87 10,739.17
Best 1,913.00 - 29.46 1,942.46
Firby 1,149.31 - 17.70 1,167.01
Light 12,426.13 - - 191.36 12,617.49
Old Port Burwell 9,088.32 - 139.96 9,228.28
Dobbie 12,012.07 - 184.98 12,197.05
- -
Bayham West 28,928.78 - 445.49 29,374.27
Calton 32,444.52 200.00 - 499.63 33,144.15
Eden 44,974.51 - 692.59 45,667.10
Guysboro 26,635.86 1,200.00 300.00 - 410.18 28,546.04
Smuck 10,186.23 - 156.86 10,343.09
Straffordville 79,772.29 - - 1,228.47 81,000.76
Prior Year Surplus 273,936.74 1,200.00 500.00 0.00 0.00 4,218.53 0.00 279,855.27 01-5050-3000
279,855.27 Current Year Surplus
0.0153997 4,218.53 0.00 Diff. - NM
2.00%Interest Guarantee 4,218.53
Owed by Bayham - - Net
- Owing Boards
Municiplity of Bayham
Cemetery Care and Maintenance Fund
December 31, 2022
Interest Actual