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HomeMy WebLinkAbout78-53 ~. -, "1 '" AU~I,jD'=D 6Y AMENDED BY AMENDED BY AMENDED BY h,a::. j; . ' ;;;2 fCt .'05;2. a 8 f'. f4 '- BY' AW#-JQ-IO BY.LAW#............. BY.LAWII 11-0(p().a'Y.LAWII..........rr. -~ ~.'J~..~...... ............. ~ AMENDED BY AMENDED BY THE CORPORATION OF THE 8Y'LAWII~.~:~.7. BY.LAW#.~.?:.:~..1 TOWN OF NEWCASTLE . AMENDED BY AMENDED BY 'Q'"'3 .0<6 ';;l. 'i5 q - ~q BY.LAW /Ix........... BY.LAW!I............. AMENDED BY AMENDED BY BY.LAW #.'1.~.;.t~.g. BY-LAW #~!.;:2~.~ BY-LAW NO. 78-53 being a by-law to govern the proceedings of A,MENOEOcf~_5s B Y.LAVv #............. the Council of the Town of Newcastle, any of its Committees, the conduct of its Members, and the calling of meetings. WHEREAS Section 242 of the Municipal Act authorizes Municipal Councils to pass By-Laws for governing the proceedings of Council, conduct of its Members, and the calling of meetings. NOW THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a By-Law of the Corporation of the Town of Newcastle, by the Council thereof as follows: 1. Title and Definitions. This By-law shall be known as the "Rules and Procedure" By-Law. In this By-Law unless the context otherwise requires: (0.) "Town" means the Town of Newcastle. (b) "Council" means the Council of the Town of Newcastle. (c) "Member" means Member of Council. (d) "Committee Chairman" means Chairman of a Standing or Special Committ3e of Council. (e) "Clerk" means the Clerk of the Town of Newcastle (f) "Recorded Vote" means the recording of the name and vote of every Member present when the vote is called on any matter or question. (g) "Substantive Motion" either embodies and/or establishes a pOlicy, ratifies an action, gives direction on a matter and is any motion except one of the following: (i) to extend the time of the meeting; (ii) to refer; (iii) to amend; 1. , ., , ~.. . .6. (h) ( . \ 1.1 . . . .. .' (iy) ;to table; (v) to lift. from the table; (vi) to adjourn; (vii) ~o divide; (viii) personal privilege; (ix) question be now put; "Committee of the Whole" means all the Members present sitting in Committee. "Rules of Procedure" means the rules and regulations provided in this By-Law. 2. The rules and regulations contained in this By-Law shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business of the Council and in the Committees thereof. Provided that any of the rules end regulations contained herein may be suspended by vote of three quarters of the Members of the Cc -~cil present and voting and in any case for which provision is not made herein the procedure to be followed shall be, as near as may be, that followed in the Legislature of Ontario and its Committees. . COUNCIL MEETINGS 3.1 Place of Meeti!J,g,s .- !lll meetings of the Council shall be held at such place within the Town and at such times as the Council from time to time appoints. 3.2 Ordinary Meetings - of the Council shall be held as provided by resolution ,-1 the Council. 3.3 Special 'Meetings - In addition to ordinary ,meetings, special meetings of the Council shall be held upon written direction signed by the Mayor and de~ivered to the Clerk stating the date, time and purpose of sucL meeting. ~ 2. .. , . . . '\ it. ., . 3.4 The Mayo~ -may at any time summon a special meeting of the Council on Seventy-Two hours notice to the Members and shall summon a special meeting of the Council when requested to do so in writing by a majority of the Members. 3.5 The Clerk - upon receipt of a Petition of the majority of Members of Council shall summon a Special Meeting at the time mentioned in the petition. CALLING OF MEETING TO ORDER 4. As soon after the hour fixed for the holding of the meeting of the Council as a quorum is present, the Mayor shall take the Chair and call the meeting to order. 5.1 5.2 6.1 6.2 ABSENCE OF MAYOR When the Mayor is absent from the Municipality or absent through illness, or refuses to act, the Council may by resolution or By-law appoint one of its Members to act in his place and stead, and such member shall have and may exercise all the rights, powers, and authority of the Mayor during such absence or refusal to act. In case the Mayor does not attend within fifteen (15) minutes after the time appointed for a meeting of the Council, the Clerk shall call the Members to order and an Acting :,!ayor shall be appointed from among the Members present who,if present, shall be the Councillor who has been appointed Acting Mayor by By-law and he shall preside until the arrival of the Mayor. QUORUM: Four Members of the Council are necessary to form.a quorum and the concurring votes of a majority of Members present are necessary to carry any resolution or other,measure. If no quorum is present one half hour after the time appointed for a meeting of the Council, the Clerk shall record the names of the members prese~t and the meeting' shall stand adjourned un~il the date of the next regular meeting. 3. __..........................................uuu........--....... ...n._ - - - - - - - --- .....n...... .......n........h.......................................................................................... ..........., ,...... .............................nnn......._ ................-- ...--.------- - - - -.. - - . - - - - - - ----. '. l, .. ..................................................................................... ... ........ ................................................... ........ ........... ............... .......... ..... :C'. ::::::::::c::c:::. ::C:'. :C'::::::::::::::::::::::: ::::::::::::::::::::::::::::1 FIRST MEETING . 7. The date of the first meeting of the Council shall be as provided in The Regional Municipalities Amendment Act. STANDING COMMITTEES OF COUNCIL . 8. (a) There shall be four (4) Standing Committees of Council namely: (i) Public Works Committee (ii) Community Services Committee (iii) Finance and Administration Committee (iv) Planning and Development Committee (b) Committees (i) and (ii) and (iii) shall be composed of four members of Council. (c) Committee (iv) shall be composed of the Whole Council. (d) The Chairman of the Committee shall be appointed by Council. (e) The Mayor shall be the ex-officio member of all Standing Committees with the same rights and privileges of all other members of the Committee. (f) No member except the Mayor shall serve on more than three Standing Committees. (g) Council shall appoint the time and place of Committee Meetings provided that each Committee shall not meet while Council is meeting. (h) A quorum in Standing Committees (i)(ii) and (iii) is any three (3) members of the Committee and in Standing Committee (iv) , any four members of the Committee. (i) Appointments to Standing Committees and other Committees and Boards shall be recommended to Council by a Striking . Committee composed of the Mayor, one Regional Councillor and one Local Councillor. APPOINTMENT TO COMMITTEES' 9. (a) Persons to be appointed to any other local Board, Commission or other body to which the Council is required or empo.wered to appoint, .shall be appointed by Council. . 4. . l , ," " " (b) . 10.1 The The appointments of Members of Council under this Section s~all be conducted and other appointments shall be made at the first meeting of Council in each year. Terms of Ref€rence of Committee (i) shall be as per Schedule nA" attached hereto. 10.2 The Terms of Reference of Committee (ii) shall be as per Schedule "B" attached hereto. 10.3 The Terms of Reference of Committee (iii) shall be as per Schedule "C" attached hereto. 10.4 The Terms'of Reference of Committee (iv) shall be as per Schedule "D" attached hereto. . 11. Notwithstanding Section 8 to 10 of this By-Law: (a) Council may consider any matter without referring it to a Standing Committee or may refer it to one or more committees or refer it to the Committee of the Whole Council and may withdraw a matter from a Committee at any stage. (b) Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. ORDER OF BUSINESS 12. The routine order of business for the ordinary meetings of the Council shall be as follows: Prayers Roll Call Minutes of Previous Meetings Delegations Communications Motions Notice of Motions Commi t tee Reports, Unfinished Business By-Laws Other ,Business A By-Law to approve all actions of Council. . 5. '. ~~ And all business shall be taken up in the order or routine in which it , ~. stands'as shown on the agenda unless otherwise decided by the concurrilg vote of the majority of the Members of the Council. 13. When it appears that any matter may be more conveniently considered in Committee of the Whole, Council may on motion resolve into a Committee of the Whole, and the proceedings taken in Committee when adopted by Council shall be deemed to be proceedings of Council. The Mayor may preside in the Committee of the Whole or may. designate another Member to preside. ~ . DUTIES OF MAYOR 14. It shall be the duty of the Mayor or other presiding officer: (a) to open the meeting of Council by taking the Chair and calling the Members to order; (b) Lead the Councilor arrange for another Member to lead the Council in a short prayer for Divine Guidance; (c) To announce the business before the Council in the order in which it is to be acted upon; (d) To receive and submit, in the proper manner, all motions presented by the Members of Council; (e) To put to vote all questions, which are regularly moved and seconded, or necesdarily arise in the course of the proceedings and to anncunce the result; (f) To decli~e to put to vote, m~tions which contravene the rules and regulations of Council; (g) To enforce on all occasions, the observance of order and decorum among the Members; (n) To call by name, any Member persisting in breach of the rules and reg~lations of the Council, thereby ordering him to vacate the Council Chamber; (i) To receive all messages and other conununications and announce them to Council; ; :~"".' :z:.;.~.,-,~~.:u 6. ' .~~ ~ '. " 4t" . 15.1 15.2 15.3 15.4 15.5 ,15.6 ~: F. i: ~.: (j) to authenticate by his signature, when necessary, all By-laws, resolutions and minutes of Council; (k) To inform the Council when necessary, or when referred to, for the purpose on a point of order or usage; (1) To select Members who are to serve on Committees when directed to do so by a resolution of Council; (m) To represent and support the Council, declaring its will and implicityly obeying its decisions in all things; (n) To adjourn the meeting when the business is concluded; (0) If considered necessary because of grave disorder, to adjourn the sitting without question put, or suspend the sitting for a time to be named. ft' f f: !1 t~ f:~ RULES OF DEBATE IN COUNCIL Every member previous to speaking to any question or motion shall rise from his seat and address the Mayor. When two or more Members rise to speak, the Mayor shall designate the Member who has the floor who shall be the Member who, in theopinion of the Mayor, first rose. When a question is put, every Member present at a meeting, except the Mayor, shall vote thereon unless he or she has a conflict of interest. If a Member refuses to vote, he or she shall be deemed to have voted in the negative. When a Recorded Vote is requested by a Member, or is otherwise required, the Clerk shall record the name and vote of every Member present on any matter or question. Ifa Member disagrees with the announcement of the Mayor that a question is carried or lost, he may, but only immediately after the declaration by the Mayor, object to the Mayor's declaration and require a Recorded Vote to be taken. When the Mayor calls for th,e vote ona question, each member ,shall occupy his or her seat and ~hall remain in his or her place until the result of the vote has been declared by the Mayor; and during such time no Member shall walk across the , , room or speak to any other Member, or make any noise of disturbance. f~ r ~: i. I 7. " I 15.7 .15.8 15.9 15.10 15.11 ~ 15.12 ~ When a Member is speaking, no other Member shall pass between' him an4 the. Chair or interrupt him except to raise a point of order. 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. No Member shall speak more than once to the same question without leave of the Council, except that a reply shall be allowed to be made only by a Member of the Council who has presented the motion to the Council, but not by any Member who has moved an amendment or a procedural motion. No Member, without leave of the Council, shall speak to the snme question or in reply for longer than five minutes. . (a) A Member may ask a question only for the purpose of obtaining information relating to the matter under discussion and such question must be stated concisely and asked only through the Mayor. (b) Notwithstanding paragraph (a), when a Member has been recognized as the next speaker, then immediately before speaking, such Member may ask a question through the Mayor on the matter under discussion but only for the purpose of obtaining information, following which the Member shall speak. (a) The fOllowing matters and motions with respect thereto may be introduced orally without written notice and without leave, and to be decided without debate: (i) A point of order or personal privilege; (ii) To Table; (iii) To lift from the table; (iv) To adjourn; (v) To divide: (vi) Question be now put. (b) The following motions may be introduced without notice and without leave, but such motions shall be !n writing signed by the . mover and seconder: " (i) To r~fer; (direction for referral only to be debatable) (ii) To amend;. (iii) To suspend any sections of the Rules of Pre edure; (iv) To rescind. 8. I. I ~ 15.13 I I -.--...........-----.....,__..____ ...n_..._________ y ., ;._,'c" t y.. ~ ",~, ~ t ("I (. t. '.. t ' . ,( (" - , (, (,'.' ., ( I. 1.<.' \).<.1:..: ,....'c. <.. ~. . , . . ,. { l{'-' . (L<.;~{ '\. (. < ", i, -li-! :. 2 1(./ .,..). ~d VI" ' " u., I (C) Except as provided by paragraph (a) above, all motions shall be in writing and signed by the mover and seconder and shall be I .- "~~ / deemed to be complete and correct as presented. 1 ,..-,>-<A__<"-rr- In all other proceedings of the Council or the Committee of the Whole, the matter shall be decided by the Mayor, or Chairman of the Committee of the Whole, subject to an appeal to the Council on a point of order. POINTS OF ORDER AND PRIVILEGES The Mayor shall preserve order and decide questions of order. When a Member rises to a point of order, he or she shall ask' leave of the Hayor to raise a point of order and after leavo is granted he shall state the point of order to the Mayor and sit down and remain seated until the Mayor shall have decided the point of order. Thereafter, a Member shall only address the Chair for ~he purpose of appealing to the Council from the Mayor's decision. If the Member does not appeal, the decision of the Mayor shall be final. If the Member appeals to the Council, it shall decide the question without debate and its decision shall be final. When a Hember considers that his integrity or the integrity of the Council as a Uhole has been impugned, he may as a matter of personal privilege, rise at uny time, with the leave of the Hayor for the purpose of drawing the attention of the Counc'il to the matter. CONDUCT OF MEMBERS IN COillfCIL 17.1 No Member shall: (a) Speak disrespectf~lly of the Reigning Sovereign, or of any 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. . 9. ."'-'-i' ... .. , '. ., (b) . (c) (d) Use offense words or unparliamentary language inor against the Councilor against any Member; Speak on any subject other than the subject in debate. Criticize any decision of the Council except for the purpose of moving in accordance with the provisions of Section 20 of the By-law that the question be reconsidered; (e) Disobey the rules and regulations of the Councilor a decision of the Mayor or of the Council on questions of order or practice or upon the interpretation of the rules of Council and in case a Member persists in any such disobedience after having been called to order by the Mayor, the Mayor may forthwith put the question, no amendment, adjournment or debate being allowed, 'that such Member be ordered to leave his seat for the duration of the meeting', but if the Member apologizes, he may, by vote of the Council, be permitted to retake his seat. t 17.2 ~ 18.1 18.2(a) . No person except Members and Officers of the Council shall be allowed to approach the Council, while sitting, without permission of the Mayor or the Council upon reference. AGENDA IN COUNCIL Order of Business - The Clerk shall have prepared and printed a list of the items in the order of topics set out as the routine of business in Section 12 of the By-law for the use of each member at an ordinary meeting. Minutes - Minutes shall record: (i) The place, date and time of meeting; (ii) The names of the presiding officer or officers and the record of the attendance of the Members; (iii) The reading, if requested, correction and adoption of the minutes of prior ~eetings; .(iv) All other proceedings of th~ meeting without note or comment. 10. . (b) It shall be the duty of the Clerk to ensure that the minutes of the' last ordinary meeting, and all special and Standing Committee meetings held more than five (5) days prior to an ordinary meeting, together with the agenda prepared in accorda~ce with Section 18 of the By-Law are m~4e avail- able to each Member not less than forty-eight (48) hours before the hour appointed for hOlding of such ordinary meeting. (c) Such minutes as referred to in clause (b) of this paragraph may be adopted by Council without having been read at the meeting considering the question of their adoption, and in other cases, the minutes shall be read prior to consideration of adoption. COMMUNICATIONS 18.3 (a) ~ . (b) Every communication, designed to be presented to the Council, 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; Every communicat~on shall be delivered to the Clerk not later than Wednesday noon before the commencement of the meeting of the Council and if in the opinion of the Town Manager or Clerk it contains any impertinent or improper matter or language, the Town Manager or Clerk shall decide whether it ffiould be included in the agenda for a Council meeting; Subject to the decision of the Town Manager or Clerk under paragraph (b) hereto, the Clerk shall read the substance thereof to the Council but any Member may require the reading of part or all thereof; All communications on any subject within the cognizance of a Standing Committee shall on presentation unless otherwise disposed of by Council, forthwith be considered as referred to the appropriate Committee as the'case may be without any motion or debate unless otherwise ordered by Council. (c) (d) 11. " ' 18.4 . 18.5 ~ 18.6 18.7 (a) (c) ~ Delegations Persons desiring to verbally present information on matters of fact or make a request to council shall give Notice to the Clerk not later than Wednesday noon before the commencement of the meeting of the Council and may be heard on a motion of Council but shall be limited in speaking to not more 'than ten (10) minutes except that a delegation consisting of more than ten (10) persons shall be limited to two (2) speakers each limited to speaking not more than ten (10) minutes. Delegations to be heard by Council after they have appeared before a Committee unless otherwise decided by Council. (b) The members of theCouncil shall receive the Committee Reports in compliance with Section 18.2 (b) of the By-law and shall not ask any questions on the matters contained in the Committee Minutes for which no decision has been made by the Committee, or for which no Report has been submitted by the Committee to the Council for its approval. The Council, by its resolution may condone the non-compliance of the aforementioned Section 18 for any of its meetings. Unfinished Business - The items listed in theorder of the topics set out in the agenda of prior meetings which have not been disposed of by Council and the date of their appearance on the agenda shall be noted and repeated on each subsequent agenda until disposed of by Council, unless removed from the agenda by leave of the Council. Reading of By-Laws and Proceedings thereon: No By-law except a By-law to confirm the proceedings of Council shall be presented to Council unless the subject matter therein has been considered and approved by Council. Every By-law shall be introduced upon motion by a Member of the Council, specifying the title of the By-law. 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 exception of ~he number and date thereof. 12. . , . . ~\ ~. (d) Every By-law shall have three readings previous to it being passed. . (e) The first reading of a By-law shall be decided without amendment or debate. (f) If the Council determines that the By-law is to be considered in Committee of the Whole it shall be so considered previous to the third reading thereof. (g) In proceedings in Committee of the Whole upon By-laws, each section shall be considered in its proper order, inclusive of the title and recitals. (h) If Council so determines a By-law may be taken as read. (i) The Clerk shall endorse on all By-laws enacted by Council, the date of the several readings thereof. (j) All amendmen~made in Committee of the Whole shall be reported by the Mayor or Chairman to the Council which shall receive the same forthwith and after the report has been received, a By-law shall be open to debate and amendment before it is ordered for the third reading. ~ (k) When a By-law is reported with or without amendment it shall be forthwith ordered to be read the third time at the same meeting or at such time as may be appointed by the Council. (1) Every By-law which has been enacted by the Council shall be numbered and dated and shall be sealed with the seal of the Municipality and signed by the Mayor and the Clerk and shall be kept by the Clerk in his office or any other place appointed for that purpose. . 19.1 . MOTIONS (a) Notices of Motions Notice qf all new motions except motions listed in paragraph 12(a) and (b) of Section 15 of the By-law shall be given in , , . writi~g, deliv~red to the Clerk at leas~ six (6) clear days excluding Saturdays and Statutory., hOlidays preceding the date of the meeting at which a motion is to be introduced' and a 13. . 19.2 19.3 . 19.4 19.5 19.6 19.7 ~ " 'I ~. motion shall be printed in full in the agenda for that meeting of. the.Counci1 and each succeeding meeting until the motion is considered or otherwise disposed of. The motion shall be signed by the mover and seconder and submitted to the Clerk in writing and shall be deemed to be complete and correct as presented. (b) When a Member's notice of motion has been called from the Chair in two successive meetings and not proceeded with, it shall be dropped from the agenda unless Council otherwise decides. (c) If at the third meeting such notice of motion is called from the Chair, and not proceeded with, it shall be deemed to have been withdrawn. Seconding - A motion must be formally seconded before the presiding officer can put the question or a motion be recorded in the minutes. Presentation of Motion by Mayor - When a motion is presented in Council in writing, it shall be read by the Member or if it is a motion which may be presented orally, it shall be stated by the Mayor before debate. Ultra-Vires - a motion in respect of a matter which is ultra- vires the jurisdiction of the Council shall not be in order. Withdrawal - After a motion is read or stated by the Mayor, it shall be deemed to be in possession of the Council, but may, with the permission of the Council be withdrawn at any time before uecision or amendment. Priority of Disposition - A motion properly before the Council for decision must receive disposition before any other motion can be received except motions in respect of matter listed in Paragraph l2(a) and 12(b) of Section 15 of the By-law. Procedure Next Meetine - A motion called in the order in which it stands upon the agenda of the routine of business of a meeting and which is not decided' by Coun~il, shall be allowed to st"and retai'ning its precedence upon - the agenda of the routine of business of the next ordinary meeting of the Council. 14. Reference to a Committee - A motion to refer a matter under discussion by the Council to a Committee of the Council shall preclude all amendments of the main question until it is decided. Amendment - A motion to amend: Shall be presented in writing; Shall receive disposition of Council before a previous amendment of the question; Only one motion to amend an amendment to the question shall be allowed and any further amendment must be to the main question; Shall be relevant to the question to be received; Shall not be received proposing a direct negative to the question. Shall be put in the rev~rse order to that in which it is moved. The Previous Question - a motion for the previous question: Cannot be amended; Cannot be proposed when there is an amendment under consideration; Shall preclude all amendments of the main question; When resolved in the affirmative, the question is to be put forward without debate or amendment; Can only btl moved in the following words, "That the question be now put" and May be voted against by the mover and seconder. Motion to Adjourn The motion shall always be in order except as provided by the Rules of Procedure; When resolved in the negative, it cannot be made again until after some intermediate proceedings shall have been completed by Council; (c) Is not in order when a Member is speaking or during the verification of a vote; (d) Is not in order immediately fOllowing the affirmative resolution . of a motion for the previous question. j I j ,/ ( \ ): :-:i:j-/,;: :, ~ 15. . .! I . ..,. . 19.12 . 19.13 19.14 19.15 19.16 . 20. . Privilege - A motion on a matter of privilege shall receive disposition of Council forthwith upon receipt and when settled, the question so interrupted shall be removed to the point where it was suspended. Motion to Refer - Or to refer back a question to Committee with or without instructions may be amended but must receive disposition by Council before the question, or an amendment to to the question and when made prior thereto, before decision on a motion for the previous question or postponement. Motion to Divide - A motion containing distinct proposals may be divided with the leave of Council. Motion to Rescind - A motion to rescind a previous action of the Council requires a majority vote of the entire membership of the Council provided that Notice has been given at the previous meeting or in the call of the meeting and in case the aforesaid Notice has not been given, the motion to rescind requires a two-thirds vote of the members present and voting. Question be now put - A motion that the question be now put requires a two-thirds vote of the members present and voting. .' ; RECONSIDERATION (a) Any substantive motion may be reconsidered if upon the putting of the substantive motion, the minority vote comprises not less than one-third of the members present and voting; (b) After a substantive motion has been decided, any member who voted or is deemed to have voted thereon, may at any time prior to adjournment of the meeting at which such substantive motion was decided, give notice in writing that he will move at the first meeting held thereafter for a reconsideration as mentioned in subsect~c~ (a); (c) The Council shall immediately upon such notice having been given, . vote as to whether or not such notice for reconsideration be . . entertained, and should the ensuing diyision result in the minority vote being less than one-third of those present and voting, such notice for reconsideration shall immediately be declared lost; , 16. . . . .,.. . . . 21.1 21.2 21. 3 21.4 '." (d) After such notice has been given and accepted, no action shall be taken to carry into effect the main motion until after the motion to reconsider has been disposed of; (e) Evcry motion for reconsideration considered at a subsequent meeting shall be declared lost, unless passed with the majority of the Members of the Council present and voting. (f) No discussion of the main question shall be allowed upon an accepted notice for reconsideration or upon the motion to reconsider unless and until the Council shall have voted to reconsider the same, but the Uember who gives the notice may have the privilege of stating his reasons for doing so; (g) No question upon which a notice of reconsideration has been accepted shall be considered more than ones, nor shall a vote to reconsider be reconsidered; (h) The words "the first meeting held thereafter" in paragraph (b) hereof shall mean the first ordinary meeting of the Councilor a meeting called specially to consider the accepted motion of reconsideration of which notice has been given. ~ VOTING ON MOTIONS Questions Stated -- Immediately preceding the taking of the vote, the Mayor may sta~e the question in the form introduced and shall do so if required by a Member except when a motion for the previous question has been resolved in the affirmative. The question shall be stated in the precise form in which it will be recorded in the minutes. No Interruption After question - After a question is finally put by the Mayor, no Member shall speak to the question or shall any other motion be made until after the vote is taken and the result has been declared. Division of Question - A sepa.ra.te vote sha.ll be taken upon each .proposal contained in a question. di vided with leave of the Council. Vote Not lGlowed - A Member not present before the result of the division on a question is declared,'shall not be entitled to vote on that question. 17. . . . 1 . .. 21.5 . 21.6 22.1 22.2 22.3 . . Unrecorded Vote - The manner of determining the decision of the Council on a motion shall be at the discretion of the Mayor -and may be by voice, show of hands, standing or otherwise. Each Member of the Council has one vote only. "lOl PROCEEDINGS IN COMMITTEE OF THE WHOLE ~ The Committee Chairman may appoint another Member of the Committee to act as Committee Chairman while he is speaking to a question or while he is temporarily absent from the meeting. ~ The Committee Chairman shall maintain order in the Committee and report the proceedings to the Council. The rules governing the procedure of the Council and the conduct of Members in Council shall be observed in Committee so far as they are applicable provided that: (a) No vote shall be recorded; (b) No Member shall speak more than once, except to make an explanation until every Member who desires to speak shall have spoken; (c) If a Member disobeys the rules of the Councilor the decision of the Committee Chairman on question of order or practice, or upon interpretation of the Rules of the Council and persists in such disobedience after having been called to order by the Committee Chairman, the Committee Chairman shall forwith suspend the proceedings of the Committee and report the circumstances to the Council and the Mayor shall forthwith put the question, no amendment, adjournment or debate being allowed, "That such Member be ordered to leave his seat for the duration of the meeting of the Council", but if the Member apologizes, he or she may by vote of th€ Council be permitted to retake his seat. (d) When a Roll Call vote is requested by a member of the Council in ,the Committee of the Whole .on any matter or question, the Council shall rise from the Committee of the Whole, take a Roll Call vote for the purpose of recording each CounGillor's vote on that matter or question. lB. . " ',y ". 1 22.4 . 22.5 22.6 23.1 . 23.2 23.3 (n.) . The Comnlittee Chairman, if other than the Mayor of the Council, shall be entitled to vote at meetings thereof as a Member of such Committee but shall not have a second or casting vote in the event of an equality of votes on any question. A motion in Committee to rise and report shall be decided without debate and a motion to rise without reporting sh~ll always be in order and shall take precedence over any other motion and if carried the subject referred to the Committee shall be deemed to have been disposed of in the negative subject however, to its reconsideration if Council should so decide, and the Mayor shall resume the Chair in the Council and proceed with the next order of business. The public may be excluded from any meeting of the Committee by resolution of the Council. PROCEEDINGS IN STANDING AND OTHER COMMITTEES EXCEPT A COMMITTEE OF THE WHOLE COt~CIL The Committee Chairman or such other Member of the Committee as may be appointed in the concurring vote of a majority of the Members of the Committee present, shall preside at every meeting and may vote on all questions submitted, but in case of an equal division of votes, the Committee Chairman shall not have an extra casting vote and the question shall be deemed to have been decided in the negative. The rules in respect of the introduction of new business in the Council and the hearing of delegations shall not apply to Standing and other Com~ittees of the Council other than the Committee of the TIhole Council, In the absence of the Committee Chairman for a period of fifteen (15) minutes after the time appointed for the holding of a meeting of tha Committee, onc of the other members of the Commi ttee, if there be a quorum..present, may be appointed as provided in paragraph 23.1 and shall discharge the duties of the Corr~ittee Chairman during the meeting or until the arrival of the Co~mittee Chairman. 19. . ... .. (b) If there be no quorum present (30) minutes after the time ~ppointed for the meeting, the meeting shall stand adjourned at the call of the Committee Chairman; 23.4 (a) It shall be the duty of each COmmittee to adhere to the transaction of all business to the rules and regulations governing the p=oceaure in the Co~~ittee of the Whole Council as prescribed in this By-law. Provided that any of the rules and regulations hereinbefore mentioned may be suspended on such terms and conditions as may be prescribed in the resolution passed by vote of the majority of the Members of the Committees present; When a point of order is raised or when a member is called to order in a Cor.'lmi ttee, the same procedure shall be adopted as in Council, except that the question shall be decided by the C0mmittee Chairman, subject to an appeal to the Members of the Committee. . 23.5 .23.6 24. 25. (b) The Committee Secretary as appointed by Council, shall be the Sec~etary of the Committee. A copy of the minutes of each Standing Committee shall be forwarded to the Mayor and to the Members of the Council by the Committee Se0reta~y with the next Council Agenda. Except as may be provided in the Act and herein, and a By-law to designate an Acting ~layor, no Member shall be deemed to have precedence or seniority over any other Member. Seating at the Council table shall be in alphabetical order of the Members' surnamas. All By-laws of the Township of Clarke, the Township of Darlington, the Town of Bowmanville and the Village of Newcastle not consistent with this By-law are. hereby repealed. BY-LAW READ a. first time this If F BY-LAW READ a second time this /J. A,J:- BY-LAW READ a thirc time and finally . day of . 7&1., Y day. of - T UL.Y passed thisilM... da1 of 1978 1978 SEAL 1978. G. B. Rickar Mayor J. H. McIlroy Clerk ----------M . . ", . . . * , ': " . BY-LAW NO. 78-53 SCHEDULE "A" TERMS OF RF--1RENCE - PUBLIC WORKS COMMITTEE a) to consiler and recommend to Council all matters respecting the construction and maintenance of r0~ds, ditches, culverts, and bridges, storm drainage, sidewalks and other utilities where the Tovm is involved (gas, hydro, tel"-:~~f'ne, etc.) wi thin the jurisdicti''Jn of the Corporation. b) to consider ar2d recomrnend tc Council the engagement of Consultants regarding studies pertaining to roads, streets and traffic, storm drainage, etc., and to consider and recommend to Council all By-laws relating to the Highway Traffic Act, c) d) to consider a.nd ~ec.c':-:~"-,nc: to Council on all matters .respecting proposed deveJ "'mnen"cs J bouY: 1ary agreements, lot grading plans, street naming and cn all p~oposed road and street openings and closing and by-laws relating th€~eto. to prepare and rAcc~m0~d the guidelines and p:ocedures as to time. annu~l budgets in accordance with 1tablished by Council from time ~ . f~ '. . . ( '.' '\' .. . . BY-LAW NO. '7~-53 SCHEDULE "B" TEIDdS OF REFERENCE - COMMUNITY SERVICES COMMITTEE a) to consider and recommend to Council on the establishment, management and control of Recreation facilities. b) to consider and recommend to Council the establishment and maintenance of Public Parks and Playgrounds. c) to consider and recommend to Council the establishment of Cultural and Recreational Programs. d) to consider and recommend to Council on the establis~~ent maintenance and control of active and abandoned cemeteries under the jurisdiction of Council, including the administration and application of the Cemetery By-laws of the Corporation. e) to consider and report to Council on all matters connected with Fire Protection as provided by the Fire Department of the Corporation. f) to consider and report to Council on the administration and application of Fire By-laws of the Corporation including the enforcement thereof. g) to prepare and recommend the annual budgets in accordance with guidelines and procedures as established by Council from time to time. . -r . (: .. . . r . . . ,'~ . BY-LAW NO, tt~":'53 SCHEDULE "C" TERMS OF REFERENCE - FINANCE AND ADMINISTRATION COMMITTEE a) to consider and report to Council upon all proposed Capital expenditures which may involve the issue of Debentures, budget forecasting, economic appraisals of proposed developments, financial impacts of various programs and the management of investments. b) to prepare estimates of the proposed Revenue and Expenditures for the year and Monthly Progress Statements to be presented to Council for its consideration. c) to consider and recommend to Counci.l, all accounts for payment. d) to consider and recommend to Council all Collective Agreements and other personnel matters. e) to consider and recommend to Council all matters in connection with the erection and maintenance of Corporation Buildings with the exception of Public Works Maintenance Buildings, Arenas, Pools and Fire Halls. f) to consider and report to Council on all By-laws and legal matters that have been referred by Councilor Committee. .f" . " ", ~.. "If' I"'''' ... " .. , ,. . . . , BY-LAW NO. 78-53 SCHEDULE "D" TEIDdS OF REFERENCE - PLA}TNING AND DEVEL~PMENT COMMITTEE a) to consider and recommend to Council on all matters of planning relating to processing, circulation and comments on zoning by-laws, amend.'TIents to Official Plans; processing, circulation and com~ents on residential, industrial and commercial plans of subdivision applications; district plans for urban areas, secondary plans, hamlet district plans, plans for the rural areas, long term and development growth strategy, special studies for central areas; housing policies; the Town's position in regard to land severance applications, and the Town's position in regard to Committee of Adjustment applications. b) to consider and recommend to Council a program to attract industry to the municipality and act as the Council's Industrial Committee. c) to act as the Hy~ro Technical and Liaison Committee for the ongoing monitoring of the Hydro Development in the Town. d) to consider and recommend to Council the engagement of Consultants with respect to the Planning and Development of the Town. e) to prepare and reco~~end annual budgets in accordance with guid~lines and procedures as established by Council from time to time.