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2011-013 Procedural By-law Committee of AdjustmentTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -013 Being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte. WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that every municipality and local board shall pass a procedure by -law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238(2.1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that the procedure by -law shall provide for public notice of meetings; AND WHEREAS pursuant to subsection 54(2) of the Planning Act, R.S.O., 1990, c.P. 13, as amended, the authority for the giving of consents as defined in Section 50 of the Act may be delegated by the Council to a Committee of Adjustment; AND WHEREAS pursuant to subsection 54(2.1) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, the delegation of authority for the giving of consents is deemed to include authority to give approvals under subsection 50(18) and to issue certificates of validation under section 57 of the Act; AND WHEREAS Section 45 of the Planning Act, R.S.O. 1990, c.P. 13, as .amended, establishes the authority of the Committee of Adjustment to authorize Minor Variances from a by -law in effect under Section 34 and passed under Section 38; AND WHEREAS pursuant to subsection 54(7) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, a delegation of authority made by the Council may be subject to such conditions as the Council by by -law provides; AND WHEREAS the Council of the Township of Oro - Medonte has adopted a By- law to Constitute a Committee of Adjustment. AND WHEREAS the Council of the Township of Oro - Medonte has adopted a By- law to Govern the Proceedings of Council and Committees/Technical Support Groups of Council in the Township of Oro - Medonte under the authority of the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 238(2); AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it expedient to reflect the current practices, procedures, and statutory , requirements of Council and Committees of Council; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the proceedings of the Committee of Adjustment, the conduct of Members, and the calling of meetings shall be governed by the provisions and regulations contained in Schedule "A ", attached hereto and forming part of this by -law. 2. That the current edition of "Robert's Rules of Order Newly Revised" shall be the basis of interpretation for questions of procedure or order not provided for in Schedule "A ". 3. That should any section, subsection, clause, paragraph or provision of this by -law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by -law as a whole or any part thereof, other than the provision so declared to be invalid. Any provincial Statutes imposed contrary to this by -law shall take precedence. 4. That this by -law may be cited as the "Committee of Adjustment Procedural By- law ". 5. And that this By -law shall take force and effect upon final passage hereof. READ A FIRST, SECOND AND THIRD TIME THIS 26th DAY OF JANUARY, 2011 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor Harry Hffighes C196k b�Ias" J. Irwin Schedule "A" to By -law No. 2011 -013 INDEX 1.0 DEFINITIONS 2.0 NOTICE OF MEETINGS 3.0 CALLING, PLACE AND TIME OF MEETINGS 4.0 CANCELLATION OF MEETINGS 5.0 QUORUM 6.0 CHAIR OF COMMITTEE 6.1 Duties of the Chair 7.0 CONDUCT 7.1 Conduct - Members During Meeting 7.2 Conduct - Public During Meeting 8.0 MEETING PROCEDURES 9.0 RULES OF DEBATE 9.1 Rules of Debate - Chair 9.2 Rules of Debate - Members 9.3 Rules of Debate - In Committee 10.0 VOTING 10.1 Voting - Chair 10.2 Voting on Questions 10.3 Failure to Vote 10.4 Equality of Votes 10.5 Recorded Vote 11.0 MOTIONS /RECOMMENDATIONS 11.1 Motions /Recommendations - General 11.2 Withdrawal of a Motion 11.3 Motion to Amend 11.4 Notice of Motion 12.0 AGENDA AND MINUTES 12.1 Agenda 12.2 Minutes 13.0 PUBLIC MEETINGS 14.0 PETITIONS AND COMMUNICATIONS Schedule "A" to By -law No. 2011 -013 1.0 DEFINITIONS: a) "Chair" means the Chair of the Committee of Adjustment, The Corporation of the Township of Oro - Medonte appointed by Members of the Committee at the first meeting of the calendar year, and presides over a meeting of the Committee. b) "Committee" means a group of individuals appointed by Council of The Corporation of the Township of Oro - Medonte to the Committee of Adjustment of the Township of Oro - Medonte pursuant to the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended, , R.S.O. 1990, c.P.13, as amended. c) "Committee Coordinator" means the Committee Coordinator of the Township of Oro - Medonte and /or his /her designate acting in their capacity. d) "Deputy Secretary- Treasurer" means such other person appointed by the Members of the Committee, as required, to be responsible for the duties of the Secretary- Treasurer in the event of his /her absence. e) "Meeting" means any regular, special, or other meeting of the Committee. f) "Member" means a Member appointed by the Council of the Township to the Committee. In accordance with Township policy, all members of the Committee shall be, and must remain for the duration of their term of office, a qualified resident in the Township of Oro - Medonte. g) "Recorded Vote" means the recording of the name and vote of every Member on any matter of question. h) "Secretary- Treasurer" means the Secretary- Treasurer of the Committee appointed by the Members. i) "Township" means The Corporation of the Township of Oro - Medonte. j) "Vice Chair" means a Vice -Chair elected by the Members of the Committee to Chair Committee meetings in the absence of the Committee Chair (selected by Members of the Committee at the first meeting of the calendar year and presides over a meeting of the Committee in the absence of the Chair). 2.0 NOTICE OF MEETINGS a) Notice of Application to be considered at a meeting shall be given in a manner that the Committee deems appropriate, in accordance with the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended, and any regulations passed thereunder. b) Notice of Application procedures with respect to applications for validation of title, power of sale and foreclosure and for change to conditions shall be the same as the procedures for consent applications in accordance with the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended, and any regulations passed thereunder. c) The Committee Coordinator shall ensure that the agenda for each regular meeting of the Committee shall be posted to the Township website on the morning of the first business day of the week of the meeting. d) The Secretary- Treasurer, or designate, shall provide notice of cancellation to the Committee, Staff, and all other interested parties a minimum of one and a half (1.5) hours in advance of any meeting, in the case of severe inclement weather. Schedule "A" to By -law No. 2011 -013 3.0 CALLING, PLACE, AND TIME OF MEETINGS a) All meetings of the Committee shall be called by the Secretary- Treasurer, or designate, in consultation with the Chair, or designate. b) The regular schedule of meetings for the Committee shall be on the third Thursday of each month commencing at 10:00 a.m. or on such other day and /or time as may be determined from time to time. c) Meetings of the Committee shall be held at the Township of Oro - Medonte Administration Building located at 148 Line 7 South, Oro, Ontario, or any other location within the Municipality otherwise designated from time to time for such purposes. The room shall be identified on the Notice of an Application that is circulated by the Secretary- Treasurer. 4.0 CANCELLATION OF MEETINGS a) The Secretary- Treasurer, or designate, may cancel or reschedule a meeting as deemed necessary and will advise the Chair, or designate, and Committee Members accordingly and shall post notice of the cancellation and rescheduling on the Township's website. 5.0 QUORUM a) Three (3) Members of the Committee shall constitute a quorum. b) Where quorum is not present within thirty minutes of the time appointed for a meeting, the Committee Coordinator, or designate, shall call the roll and record the names of the Members present. The meeting shall stand adjourned until the next regular meeting or until a Special Meeting is called. c) The seat of a Member shall be declared vacant if the Member is absent for three (3) consecutive meetings, without prior approval from Council, with the exception of illness /health reasons. d) Members of the Committee are required to inform the Secretary- Treasurer of any anticipated absences from upcoming meetings. 6.0 CHAIR OF COMMITTEE a) The Chair of the Committee shall be appointed from amongst the Members of the Committee on an annual basis. b) A Vice Chair shall be appointed annually, at the same time as the appointment of the Chair. c) The Chair shall be counted in determining quorum and shall be entitled to all the rights of a Member on the Committee, including voting. d) Where the Chair is absent, through illness, or otherwise, the Vice Chair shall preside over the meeting. Schedule "A" to By -law No. 2011 -013 6.1 Duties of the Chair The Chair is responsible: a) To preserve order and decorum, decide questions or order and, without unnecessary comment cite the rule of authority commonly accepted (under parliamentary procedures), applicable to the case, if called upon to do so. b) To open the meeting of the Committee by taking the chair and calling the Members to order. c) To announce the business before the Committee 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. e) To put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the results. f) To decline to put to vote motions which infringe on the rules of procedure. g) To restrain the Members, within the rules of order, when engaged in debate. h) To enforce, on all occasions, the conduct of the Members. i) To expel any person for improper conduct. j) To call by name any Member persisting in breach of the rules of order of the Committee, thereby ordering him /her to vacate the Council Chamber, or designated meeting place. k) To receive all messages and other communications and announce them to the Committee. 1) To authenticate, by his /her signature when necessary, all minutes, motions and decisions of the Committee. m) To ensure that the decisions of Committee are in conformity with the laws and by -laws governing activities of the Committee. n) To adjourn the meeting when the business is concluded. o) To adjourn the meeting without the question put, in the case of grave disorder arising in the Council Chamber, or designated meeting place. 7.0 CONDUCT 7.1 Conduct — Members During Meeting Members of Council shall: n a) Not disturb another, or the Committee itself, by any disorderly deportment disconcerting to any Member speaking. b) Not resist the rules of Committee or disobey the decision of the Chair on questions of order or practice or upon the interpretations of the rules of order of the Council. c) Not be permitted to retake his /her seat at any meeting after being ordered by the Chair to vacate after committing a breach of any rule of order of the Committee, without making apology and the consent of the Committee expressed by a majority vote of the other Members present, determined without debate. Schedule "A" to By -law No. 2011 -013 d) Not leave his /her place on adjournment until the Chair leaves his /her chair. e) Not speak until he /she has addressed himself /herself to the Chair. f) Not walk across or out of the Council Chamber, or designated meeting place, or make any noise or disturbance when the Chair is putting a question and shall occupy his /her seat while a vote is being taken and until the result thereof is declared. g) Not disclose any written or verbal information received at a meeting or part of a meeting closed to the general public. h) Declare where a pecuniary interest or possible pecuniary interest exists, and shall not participate in the discussion of or vote on any question with respect to the matter. i) Convey the position of the Committee once a question has been decided, including when a Member had a minority opinion, while demonstrating respect for democracy. j) Adhere to a dress code for Committee meetings as agreed to by the current Committee. 7.2 Conduct — Public During Meeting All Members of the public shall: a) Respect the decorum of the Committee and shall refrain from public outbursts, shouting, or behaviour intended to disrupt the debate, discussion and /or general proceedings of the Committee. The Chair may request that a member(s) of the public vacate the meeting room if their behaviour is deemed to be disruptive to the business at hand. The Chair may unilaterally suspend the meeting until order is restored in the meeting room. 8.0 MEETING PROCEDURES a) The meeting of the Committee shall be called to order by the Chair of the Meeting or the Secretary- Treasurer. The normal hour for the onset of the meeting is 10:00 a.m. and the meeting will continue until a motion is passed to adjourn the meeting. Variations to this time can be amended by the Committee with a majority vote of those present. b) The Chair shall ask the Members to disclose any pecuniary interest they may have in applications before the Committee, and the provisions of the Municipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50, as amended, shall apply. c) All meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct, except as indicated in part (d) hereunder. d) All deliberations of the Committee shall be in open session and Members of the public, including the applicant, authorized agent, applicant's representative and any respondents may be present during any such deliberations, with the exception of those items which may be discussed in closed session in accordance with Section 239 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. e) The Chair and /or the Secretary- Treasurer shall call for any requests for deferral of an application or for any request for withdrawal of an application. A request for deferral of an application to a later meeting date must be for reasonable cause and shall indicate any other requirements or conditions for deferral, such as re- notification, amendment or additional required information. f) The Chair, or designate, shall call each application in the order determined by the agenda. Schedule "A" to By -law No. 2011 -013 g) The Secretary- Treasurer, or designate, shall provide a brief overview of the basis of the application. h) The Chair of the meeting shall ask the applicant, authorized agent or the applicant's representative to introduce themselves and present the application. i) Committee Members may ask questions of the applicant, authorized agent or applicant's representative during and after the presentation. j) The Chair of the meeting shall ask the Secretary- Treasurer or Deputy Secretary- Treasurer to read all comments received from agencies, residents and others who responded to the circulation of the Notice of an Application. k) The Chair of the meeting shall invite anyone else having interest(s) /concern(s) with respect to application(s) to come forward and advise the Committee of their position(s). The Members, through the Chair, may ask questions of those parties expressing interest(s) /concern(s). 1) The Members shall provide the applicant, authorized agent or the applicant's representative the opportunity to respond to any comments received from commenting agencies or interested parties. m) After having considered the issues raised by the applicant, authorized agent, applicant's representative, any respondents and hearing the evidence at the meeting by the Committee, the Chair of the meeting shall ask the Members for a motion with respect to the disposition of the application. The Chair of the meeting, upon receipt of a motion from a Member, shall ask for a seconder to the motion. The Chair of the meeting shall call for a vote by the Members on the motion and the Chair shall announce whether the motion is carried or defeated. A defeated motion is not a decision. A new motion should then be presented until a motion is carried by a majority of the Members present. The Chair shall announce at the meeting, the decision of the Committee. n) Members may ask the Secretary- Treasurer for any assistance they require. o) Members concurring with the decision of the Committee shall sign the decision of the meeting. p) Pursuant to subsection 51.1(1) of the Planning Act, R.S.O., 1990, c.P.13, as amended, where the Committee may impose such conditions as in the Committee's opinion are reasonable, the Committee may require the payment of cash -in -lieu of the conveyance of land for park or other recreational purposes, as set out in the policies of the Township. q) The cash -in -lieu of a conveyance of land for park or other recreational purposes shall be received, pursuant to the previous section to fulfill conditions on the notice of decision of the Committee, shall be collected by the Secretary- Treasurer of the Committee and provided to the Township Treasurer. r) The resolutions, of the Committee shall be those passed at a meeting of the Committee where no quorum is present. 9.0 RULES OF DEBATE 9.1 Rules of Debate — Chair In directing the course of debate, the Chair shall: a) Designate the Member who has the floor when Members raise his /her hand to speak. Schedule "A" to By -law No. 2011 -013 b) Preserve order and decide questions of order. c) Cause to be read all motions /recommendations presented in writing and state all motions /recommendations presented verbally before permitting debate on the question, except when otherwise provided in this by -law. 9.2 Rules of Debate - Members In addressing the Committee, no Member shall: !-` a) Speak disrespectfully of Her Majesty the Queen or any of the Royal Family, or of the Governor - General, Lieutenant - Governor or any member of the Senate, the House of Commons of Canada, the Legislative Assembly of Ontario or the Council of the Township of Oro - Medonte. b) Use offensive, insulting or improper language in or against the Committee or any Member thereof, employees of the Township or citizens of the Township. c) Speak beside the question in debate. d) Speak against any decision of the Committee except for the purpose of moving that the question be reconsidered or to bring forward a motion to rescind or alter or amend the decision. e) Disobey the rules of the Committee or a decision of the Chair. 9.3 Rules of Debate — In Committee a) Every Member when speaking to any question or motion shall respectfully address the Chair. b) When a Member is speaking, no other Member shall pass between him /her and the Chair, or interrupt him /her except to raise a point of order. c) 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. d) No Member shall speak to the same question for longer than 2 (two) minutes. With the leave of the Committee, a supplementary question with a further 1 (one) minute, may be granted. (i) A Member may ask a question only for the purpose of obtaining facts relevant to the matter under discussion and necessary for a clear understanding thereof. (ii) All questions shall be stated succinctly and questions shall not be used as a means of making statements or assertions. 10.0 VOTING 10.1 Voting — Chair a) Notwithstanding Section 10.2 c), the Chair (except where disqualified from voting by reason of interest or otherwise) may vote with the Members on all questions. 10.2 Voting on Questions a) When the Chair calls for the vote on a question, each Member shall occupy his /her seat and shall remain there until the result of the vote has been declared by the Chair. During such time no Member shall walk across the room or speak to any other Member or make any noise or disturbance. b) After a question is finally put by the Chair or Member, 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. c) Every Member present at a meeting of the Committee, when a question is put, shall vote thereon, unless he /she has declared any pecuniary interest, direct or indirect in the question. Schedule "A" to By -law No. 2011 -013 d) The manner of determining the decision of the Committee on a motion shall be by a "show of hands ". e) Any motion shall a majority of votes of the quorum present. 10.3 Failure to Vote a) Failure to vote by any Member present, except when a Member has �--� declared a pecuniary interest, shall be taken as a negative vote. 10.4 Equality of Votes a) Where a vote on a question results in an equality of votes, the result shall be deemed to be negative. 10.5 Recorded Vote a) When a Member present requests, immediately prior to or immediately subsequent to the taking of the vote, that the vote be recorded, each Member present, except a Member who is disqualified from voting by any Act, shall announce his /her vote openly. b) The Chair, immediately following the request for a recorded vote, will put the question again. c) All Members present at the Meeting, unless disqualified from voting by any Act, must vote in alphabetical order, beginning with the member who has requested the recorded vote. The Committee Coordinator shall call each Member individually, record the Member's vote, and report the result of the vote to the Chair. d) The Chair shall vote last. 11.0 MOTIONS /RECOMMENDATIONS 11.1 Motions /Recommendations - General a) Motions /recommendations, or notices thereof, shall be in writing, moved and seconded. b) Every motion /recommendation, when duly moved and seconded, shall be received by the Chair, and shall then be open for discussion prior to the vote being taken. Immediately preceding the taking of the vote, the Chair may state the question in the form introduced and shall do so if required by a Member. He /she shall state the question in the precise form in which it will be recorded in the minutes. c) The following matters may be introduced orally, without written notice, and without leave: (i) a point of order or personal privilege (ii) presentations of petitions (iii) a motion to suspend a rule of procedure or in compliance with a rule of procedure (iv) a motion to adjourn (not debatable) (v) a motion that the vote now be taken d) When the motion, under consideration, concerns two or more matters, a vote on each matter, upon the request of any Member, may be taken separately. e) A motion in respect of a matter which is beyond the jurisdiction of the Committee shall not be in order. f) A Member shall speak to a motion in accordance with Rules of Debate — In Committee. 11.2 Withdrawal of a Motion a) After a motion has been received and /or read by the Chair, it shall be deemed to be in the possession of the Committee but may be withdrawn by Schedule "A" to By -law No. 2011 -013 the mover, with the consent of the seconder, prior to amendment or voting thereon. 11.3 Motion to Amend A motion to amend: a) Shall be presented in writing. b) Shall be relevant to the question to be received. c) Shall not be received proposing a direct negative to the question. d) Shall receive disposition of the Committee prior to a decision on the main question. e) Shall be disposed of in the reverse order of presentation to any further amendment and /or the original motion. f) Shall not be further amended, more than once, provided that further amendment may be made to the original motion. g) May propose a separate and distinct disposition of a question. 11.4 Notice of Motion a) A motion to rescind or alter or amend a motion entered upon the minutes, shall be received or put only when notice of intention to introduce such motion is given in accordance with Section 11.4 (b). b) Notice of motion requires the Member to provide, at a minimum, a brief verbal explanation of the matter and to provide the Chair with a written motion at a regularly scheduled meeting of the Committee. Such motion shall be provided to Members in an agenda for consideration at its next regularly scheduled meeting. 12.0 AGENDA AND MINUTES 12.1 Agenda a) The Committee Coordinator, or designate, shall forward all agendas to each Member for regular meetings of the Committee a minimum of 48 hours in advance of such meetings. b) The Order of the Day shall have preference during the Committee meeting: Order of the Da 1. Opening of Meeting 2. Adoption of the Agenda 3. Disclosure of Pecuniary Interest 4. Adoption of Minutes 5. Public Meetings 6. New Business 7. Notice of Motion 8. Next Meeting Date 9. Adjournment 12.2 Minutes The minutes of meetings of the Committee shall record, without note or comment: a) The place, date and time of meeting. b) The names of those present. c) Disclosure of pecuniary interest and the nature thereof. d) All resolutions /recommendations, decisions and proceedings of the meeting. 13.0 PUBLIC MEETINGS Schedule "A" to By -law No. 2011 -013 a) Public Meetings required for an application, in accordance with the Planning Act, R.S.O., 1990, c.P.13, as amended, shall be conducted during a scheduled meeting of the Committee. b) All Public Meetings shall be digitally recorded, and such recording shall be available to the public through the Township website. 14.0 PETITIONS AND COMMUNICATIONS a) Communication(s), including a petition(s) designed to be presented to the Committee and filed with the Secretary- Treasurer, shall be legibly written or printed, shall not contain any obscene or improper matter or language, shall be signed and dated by at least one person, and shall include an address and telephone number where return correspondence or contact is to be directed and shall become part of the public record of the meeting at which it is received. b) Petitions designed to be presented to the Committee and filed with the Secretary- Treasurer, shall contain original signatures, and all information on the petition, including names, addresses and telephone numbers shall become part of the public record of the meeting at which it is received. c) Communications) or petition(s), to be printed on an agenda, shall be delivered to the Secretary- Treasurer no later than 4:30 p.m. on the Wednesday of the week prior to meeting. If, in the Secretary- Treasurer's opinion, the communication /petition is of a time sensitive nature, the Secretary- Treasurer may bring forward such communication /petition for the Committee's consideration, after the aforementioned deadline.