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1994-038 To Regulate the Proceedings in the Township Council of the Township of Oro-Medonte CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 94-38 Being a By-Law to Regulate the proceedings in the Township of the Township of Oro-Medonte WHEREAS section 102 of the Municipal Act,. R.S.O. 1990, ~s authorizes Council to pass by-laws govern~ng the P!oceed~ngs. . council, the conduct of its members and the call~ng of meet1ngs, AND WHEREAS the Municipal council of The Corporation of Township of Oro-Medonte deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its members and the calling of meetings; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. THAT in this By-law; (a) "Clerk" means the Clerk of the Township of Oro-Medonte. (b) "Council" means the Council of the Township of Oro- Medonte. I I I i I I I I I I I I I II il II ;1 (c) (d) "Head of Council" means the Mayor. "Recorded Vote" means the recording of the name and vote of every Member on any matter of question. (e) "Holiday" (i) means: any holiday as defined in the Interpretation Act, R.S.O. 1990, Chapter 1.11 (ii) (iii) Boxing Day any day proclaimed by the Head of the Council as a civic Holiday (f) "Member" means a member of the Council and includes the head of Council. II :1 II Ii (g) "Committee of the Whole" means all members present at a meeting sitting in Committee. 2. General i[ d q : II ': II ., I !I '! I I ,I 'i II II ., , (a) 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 in the Council and committees of Council. (b) All meetings of Council and all meetings of any Standing or Special Committees of Council shall be open to the Public, unless otherwise decided by the Councilor Committee and subject to the provisions of this By-law. Ii ii !I ii .. !i 'I H II II :1 I H (c) Council may adjourn into Committee when the subject matter under consideration involves: any matter involving the security of the property of the municipality; (ix) any matter respecting the investigation of a possible contravention of a municipal by-law, or provincial statute or regulation; or (i) " n 'I II ~ ,) I ii il 'I (ii) (iii) (iv) , , , [ i (v) (vi) I \ I :1 ,I n 'i I I I (vii) (viii) 'i , I \ personnel matters involving identifiable employees or employees of the municipality; matters affecting labour relations and contract negotiations with employees of the municipality; one or more prospective the acquisition or disposal of municipal property; exploratory discussion respecting a future development within the municipality; litigation or potential litigation affecting the municipality including matters before administrative tribunals; discussions or negotiation in relation to the Municipal Boundary Negotiations Act, 1981; any matter required to be discussed at a meeting closed to the public by any provincial or federal statute or regulation thereto; (x) bids, quotations or tenders submitted to or by the municipality for any contracted works, services or equipment. Nothing herein precludes any requirement to disclose the total price of all bids, quotations, or tenders. 1 '\ Except as provided by law, a person not a member of Council shall not be allowed to address Council except upon approval of Council. Any person desiring to be heard should submit a request in writing to the Clerk not less than two ....orking days prior to the printing of the agenda of the meeting at which said person desires to be heard. The written request shall state the nature of the business to be discussed. Persons addressing Council shall confine their remarks to the stated business. :3 . 4. The Inaugural Meeting of Council shall take place at 11:00 a.m. on the first Tuesday of December following a regular elect.ion. 5. Meetin;s of eouncil - Regular (a) The Council of The Corporation of the Township of Oro- Medonte shall hold its Regular Meetings on the first and third Wednesday of each month at 7:00 p.m. or on such other day as may be determined from time to time by resolution of Council. In the event that such day is a public holiday, civic holiday, or a day on which a Municipal Election is being held, in which case the Council shall meet at the same hour on the 1st day thereafter, the same not being a public or civic holiday, or a day on which a Municipal election is being held, unless otherwise provided by resolution of Council. ,... '1 H (b) Where a Regular Meeting of Council is to be held at a time, day or place other than as set out in section 5(a) above, Council shall give notice, at least 48 hours in advance of such meeting, by publication in a newspaper that is, in the Clerk's opinion, of sufficient general circulation in the area to give the pUblic reasonable notice of the meeting. 6. Meetings of Council - Special (a) The Head of Council at any time may summon a Special Meeting of Council to the Members of Council, or upon receipt of the petition of the majority of the Members of Council, the Clerk shall summon a Special Meeting for the purpose and at the time mentioned in the petition. Forty-eight hours notice of all special meetings of Council shall be given to the Members through the Clerk's office. The only business to be dealt with at a Special Meeting is that which is listed in the notice of the meeting. (b) It shall be the responsibility of the Clerk or his representative to forward all notices and agendas for Regular and Special Council meetings, a minimum of forty- eight hours in advance of such meetings. 7. Adjournment The hour for adjournment for day meetings shall be 4:00 p.m. and the hours of adjournment for night meetings shall be 11:00 p.m. The Council shall always adjourn at these hours unless this rule be temporarily suspended by a majority of the Members present, by resolution. 8. Order of Proceedings of Council (a) As soon after the hour fixed for the meeting as there is a quorum present, the Mayor shall take the chair and call the members to order. A majority of the members of the Council shall constitute a quorum. (b) In case the Mayor does not attend within fifteen minutes after the time appointed, the Deputy Mayor shall call the members to order and if a quorum is present, shall preside during the meeting or until the arrival of the Mayor. In the absence of the Mayor and Deputy Mayor, the Clerk shall be present and if a quorum is present shall call the members to order. A Chairman shall be chosen from the members who shall preside during the meeting until the arrival of the Mayor or Deputy Mayor. (c) While presiding, the Deputy Mayor and/or Chairman chosen by Council shall have all the powers of the Mayor and shall be entitled to vote as a member. 9. (a) If there is no quorum within thirty minutes after the time appointed for the meeting, the Clerk shall call the roll and record the names of the members present and the meeting shall stand adjourned until the next regular meeting or until a Special Meeting is called. (b) six (6) members of Council shall constitute a quorum. (c) That the use of recording equipment or devices during a Councilor Committee Meeting is not permitted within the designated area unless the Chairperson or the majority of the Council Members, permit the use of such equipment or devices and it is not disruptive to the conduct of the meeting at which the recording privileges are granted. The designated area means the spectator areas within the Council Chambers and Committee Room. ~ !I II I II II II Ii 11 II II II II I i II ..- 11'\&) Ii II " 11 Ii Ii II ii , I i I I ii II Ii 10. (a) The Mayor shall preserve order and decorum, decide questions of order (subject to an appeal to the Council by any member) and, without unnecessary comment, cite the rule of authority (as commonly accepted under parliamentary procedures) applicable to the case if called upon to do so. Duty of Head of Council: (i) to open the meeting of Council by taking the chair and calling the members to order. (ii) to announce the business before the Council in the order in which it is to be acted upon. (iii) to receive and submit, in the proper manner, all motions presented by the Members of Council. (iv) 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. (v) to decline to put to vote motions which infringe on the rules of procedure. (vi) to restrain the Members, within the rules of order when engaged in debate. (vii) to enforce on all occasions the observance of order and decorum among the Members. (viii) to call by name any Member persisting in breach of the rules of order of the Council, thereby ordering him to vacate the Council Chamber. (ix) to receive communications Council. messages announce all and and them other to the (x) to authenticate, by his necessary, all by-laws, minutes of the Council. when and signature resolutions (xi) to represent and support the Council, declaring its decision in all things. (xii) to ensure that the decisions of Council are in conformity with the laws and by-laws governing activities of the Council. I I II II I ! (xiii) to adjourn the meeting when the business is concluded. (xiv) to adjourn the meeting without question put, in the case of grave disorder arising in the Council Chamber.. 11. (a) The Mayor (except where disqualified from voting by reason of interest or otherwise) may vote with the members on all questions. Any questions on which there is an equality of votes shall be deemed to be negative. (b) If the Mayor desires to introduce a motion or by-law, he shall leave the Chair for that purpose, and shall call on another Member of Council to fill his place until he resumes the Chair. 12. Decorum No Member shall: (i) (ii) (iii) (iv) (v) (vi) (vii) disturb another, or the Council itself, by any disorderly deportment disconcerting to any Member speaking. resist the rules of Councilor disobey the decision of the Presiding Officer or of the Council on questions of order or practice or upon the interpretations of the rules of order of the Council. be permitted to retake his seat at any meeting after being ordered by the Presiding Officer to vacate after committing a breach of any rule of order of the Council, without making apology and the consent of the Council expressed by a majority vote of the other Members present, determined without debate. leave his place on adjournment until the Presiding Officer leaves his chair. speak until he has addressed himself to the Presiding Officer. walk across or out of the Chamber or make any noise or disturbance when the Presiding Officer is putting a question and shall occupy his seat while a vote is being taken and until the result thereof is declared. ignore a dress code for Council Meetings agreed to by the majority Members of Council. 13. Rules of Debate - the Presiding Officer In directing the course of debate, the Presiding Officer shall: (i) (ii) (iii) designate the Member who has the floor when two or more Members raise their hand to speak. preserve order and decide questions of order. read all motions presented in writing and state all motions presented verbally before permitting debate on the question, except when otherwise provided in this by-law. 14. Rules of Debate - Members (i) In addressing the Council, no member shall: (ii) (iii) (iv) 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, or the Legislative Assembly of ontario; use indecent, offensive or insulting language in or against the Councilor any member thereof; speak beside the question in debate; criticize any purpose of reconsidered; decision of Council except for the moving that the question be (v) disobey the rules of Councilor a decision of Head of Councilor Chairman of the Council on questions of order or practice, or upon the interpretation of the rules of the Council. 15. Rules of Debate - In Council (a) Every member when speaking to any question or motion shall respectfully address the Mayor or other presiding Officer. (b) When a member is speaking, no other member shall pass between him and the Chair, or interrupt him 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 Council a supplementary question with a further 1 (one) minute, may be granted. (1) 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 (2) All questions shall be stated succinctly and questions shall not be used as a means of making statements or assertions. (3) Questions may be asked only: - of the previous speaker - of the Mayor and - of an Official of the Township or of a Chairman of a standing Committee. il q 16. Voting on Questions ii :1 :, I q q ii " !i !\ , Ii \\ ;i 'I !i n ., I) :) ii :1 I ,I :; :1 I[ (a) When the Mayor calls for the vote on a question, each member shall occupy his seat and shall remain there 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 or disturbance. (b) If a member who has voted on a question disagrees with the declaration of the Mayor that the 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 in the manner prescribed in section 17 of this By-law. 17. Recorded Vote :I ,I '! ii (a) When a member present requests a recorded vote, all members present at the Councilor Committee Meeting must vote in alphabetical order, to be reversed each time a recorded vote is taken, except the Mayor shall vote last, unless otherwise prohibited by statute or any other provincial or Federal law. The names of those who voted for and others who voted against shall be noted in the minutes. The Clerk shall announce the results. . II ,I II II II ,I II " 11 Ii " ii (b) If any member at a meeting of the Council when a question is put and a recorded vote taken does not vote, he shall be deemed as voting in the negative except where he is prohibited from voting by statute. Ii 'i , " i If 11 if If II II :1 ! ! II !I il -.. il i! iI !I 18. iJ \1 if )) " !i ,Ii n u 'I L II ! II :1 i fl II il Ii II Ii !I 'I Ii n !) 11 Ii I! I 'I' if ii 'I " 1'1' !i \1 19. (c) Every member present at a meeting of the Council when a question is put shall vote thereon, except that if he has any pecuniary interest, direct or indirect in the question, he shall at the first opportunity disclose his interest and shall refrain from taking part in the discussion and shall vacate his seat and refrain from voting on the particular question, but in fact does not vote thereon, he shall be deemed to be voting in the negative and shall be so recorded. (d) No member after having declared a conflict of interest on any matter, may move, second or vote on a confirmation by-law. 1. The following matters may be introduced orally without written notice and without leave: (a) a point of order or personal privilege (b) presentations of petitions (c) a motion to suspend a rule of procedure or in compliance with a rule of procedure (d) a motion to adjourn (not debatable) (e) a motion that the vote now be taken (f) a motion that the Council resolve itself into a Committee of the Whole (not debatable) 2. All motions and notices thereof shall be in writing, moved and seconded. 3. A motion for the previous question shall not be put until all speakers listed by the Chair have spoken and the mover has replied. Agenda The Clerk shall have prepared and printed for the use of the members at the regular meetings of Council, an agenda under the following headings: (a) Opening of Meeting by the Mayor (b) Adoption of the Agenda (c) Prayer (d) Disclosure of Interest (e) Minutes of Previous Meeting (f) Presenting, Referring or Passing of Accounts (g) Consent Agenda (h) Deputations (i) Reports of Municipal Officers (j) Communications (k) Reports of Committees (1) Petitions (m) Unfinished or New Business (n) By-laws (0) Confirmation By-law (p) Adjournment (q) Questions 19.1 In adopting the Agenda, Council may permit additions to it or any deletions provided that the subject matter of any items to be added to the agenda has been on a previous agenda. Adoption of the agenda shall be by resolution of Council, passed by a majority of Council members. 20. (a) Motions (i) No motion shall be debated upon or put unless the same be written, moved and seconded. (ii) When the motion under consideration concerns two or more matters upon the request of any member, the vote upon each matter shall be taken separately. (b) withdrawal of a Motion After a resolution has been received and/or read by the Mayor or Chairman, it shall be deemed to be in the possession of the Council but it may with the majority consent of the Council members present, be withdrawn by the mover prior to discussion or amendment or voting thereon. (c) A Motion to Amend (i) (ii) (iii) I (iv) I I II (v) !I (vi) I, I' I I 1 (vii) shall be presented in writing shall receive disposition of Council before a previous amendment or the question shall not be further amended more than once provided that further amendment may be made to the main question shall be relevant to the question to be received shall not be received proposing a direct negative to the question may propose a separate disposition of a question distinct and shall be put in the reverse order to that in which it is moved. (d) A resolution in respect of a matter which is beyond the jurisdiction of Council shall not be in order. (e) Every resolution when duly moved and seconded, shall be received by the Head of Councilor Chairman, and shall then be open for discussion prior to the vote being taken. II .. (f) No member shall speak to a resolution more than once, without leave from the Head of Councilor Chairman, or except an explanation of the material part of his report, which may have been misunderstood, but otherwise shall not be permitted to introduce another matter. A reply shall be allowed to a Member who has made a substantive resolution, to any Member who has moved an amendment, the previous question and/or instruction to a Committee. Each Member shall confine his remarks to a limit of 2 (two) minutes. 1 i I Ii 11 II I' I] II II II (g) (h) (i) (j) (k) Immediately preceding the taking of the vote, the Presiding Officer may state 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. He shall state the question in the precise form in which it will be recorded in the minutes. After a question is finally put by the Presiding Officer, 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. The manner of determining the decision of the Council on a motion shall be at the discretion of the Presiding Officer and shall be by a show of hands, unless otherwise stated by the Presiding Officer. Any resolution shall require six affirmative votes in order to be valid and binding on Council. Where only a quorum is present, a resolution, in order to carry or be passed, must be unanimously affirmed by the said quorum. After any question has been decided, the following shall prevail: (a) Any Member of Council who voted thereon with the majority may give notice at the next regular Meeting of Council for a reconsideration of the question at any regular Meeting of Council. The majority vote will be required to carry the Motion. (b) Any time after a Meeting of Council after the question has been decided, the subject matter of the question shall be a proper matter to be brought forward as though it was a new question, and once the question has been allowed to be brought forward and has been decided, subsection (a) shall again prevail and similarly if the Motion for reconsideration is not carried, the subsection (a) will again prevail. (c) No discussion of the main question shall be allowed until the Motion for reconsideration is carried, and no question shall be reconsidered more than once in a calendar year. 21. (a) Proceedings in Committee of the Whole (i) Whenever the Council resolves itself into Committee of the Whole, the Mayor may appoint a Chairman of the Committee of the Whole and vacate the chair. (ii) the Chairman of the Committee of the Whole may appoint another Member of the Committee to act as the Chairman of the Committee while he is temporarily absent from the meeting. (iii) The majority of the Members of Council shall constitute a quorum of Committee of the Whole. (b) Unless otherwise decided by a vote of the Council, no Bill or report of a Committee shall be referred to the committee of the Whole unless such Bill or Report has been previously presented and placed in the hands of the Members. (i) The Chairman of the Committee of the Whole shall maintain order in the Committee and report the proceedings to the Council. , I ~ I i II 22_ II II :i Ii Ii II I, 11 ii Ii I' 'I II I " !i Ii " ii :1 II II II 23. II 11 Ii 11 i' 'I II Ii II Ii I' !I Ii II :1 Ii " II II II II 'I 24. Ii Ii II 11 II 'I II I I Ii :1 il I] i' Ii I I Ii (ii) The Chairman of the committee of the Whole shall have all the powers and duties of the Mayor with the following exception: "an appeal from the ruling of the Chairman of the Committee of the Whole shall be to the Mayor in Council". (c) The rules governing the procedure of the Council and the conduct of Members in Council shall be observed in Committee of the Whole so far as they are applicable. (d) The Members of Council shall meet as a Committee of the Whole regularly on the second and fourth Wednesday of each month at 9:00 a.m. on the second Wednesday and 9:00 a.m. on the fourth Wednesday adjourning at 4:00 p.m. on the second Wednesday and 2:00 p.m. on the fourth Wednesday, unless otherwise provided by resolution of Council, unless such day shall be a public or civic holiday in which case the Committee shall meet at the same hour the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of Council. (a) Minutes The minutes shall record: (i) (ii) The place, date and time of meeting; The names of the Presiding Officer or Officers and record of attendance of the Members; (iii) The reading, if requested, correction and adoption of the minutes of the prior meetings; (iv) All other proceedings of the meeting without note or comment. Petitions and Communications (a) Every communication, including a petition designed to be presented to the Council, shall be legibly written or printed and shall not contain any obscene or improper matter or language, and shall be signed and dated by at least one person, filed with the Clerk, and shall include an address and telephone number where return correspondence or contact is to be directed. (b) Every petition or communication shall be delivered to the Clerk not less than two regular working days in advance of the meeting. Deputation/Delegations (a) Persons desiring to present information verbally on matters of fact or make a request of Council shall give notice to the Clerk not less than two regular working days in advance of the meeting of Council, in writing stating the purpose of the Deputation. All requests to be heard by Council shall be signed. Deputations/Delegations may be heard by leave of Council but shall be limited in speaking to not more than ten (10) minutes, except that delegation consisting of more than five (5) persons shall be limited to two (2) speakers, each limited to speaking not more than ten (10) minutes. Persons requesting to appear before Council shall be advised of the time limitation in advance of their presentation. " (b) Notwithstanding the provisions of section 24(a) council may, at their sole discretion, entertain deputations or delegations with less notice as the circumstance may warrant. (c) the Chairperson of a committee Meeting or Council Meeting may expel or exclude from the meeting, any person who in the opinion of the Chairperson, has behaved improperly. 25. Readings of By-laws and Proceedings thereon (a) Every by-law shall be introduced upon motion by a Member of the Council, specifying the title of the By-law, (b) 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 provisions of any act and shall be complete with the exception of the number and date hereof. (c) Every by-law shall have three readings prior to it being passed. (d) The first and second reading of a by-law shall be decided without amendment or debate. (e) 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. (f) If Council so determines, a by-law may be taken as read. (g) The Clerk shall set out on all by-laws enacted by Council the date of the several readings thereof. (h) Every by-law enacted by the Council shall be numbered and dated and shall be sealed with the seal of the Corporation and signed by the clerk and the Presiding Officer and shall be deposited by the Clerk in the office for safekeeping. 26. Standing Committee (a) There shall be the following Standing Committees of Council: II (i) (ii) (iii) (iv) Finance, Administration and Fire Public Works Planning and Development Community Services , I i i II II Ii ~ 11 II ii 11 II 11 Ii Ii I! Ii !i !' ii (b) The Mayor shall appoint the members of all Standing Committees at the Inaugural Meeting of Council, to be reviewed annually. (c) A Standing Committee of Council shall meet in accordance wi th the schedule of the Committee of the Whole Meetings. :: i I Ii Ii I' 'I Ii II Ii I' II Ii " Ii " Ii il il 'I :1 I :1 I 'I :1 i: p Ii II Ii I' " 27. Other Committees (a) Parks and Recreation Committee as outlined in By-law 94- 5 (b) Planning Committee as outlined in By-law 94-24 (c) Committee of Adjustment as outlined in By-law 94-22 (d) History Committee (e) Canada Day Committee the contents of this By-law shall apply to all Township Standing Committees and to any other Committees set out within this By-law. I: il il I' ,I II II I' I: Ii Ii ., ii II I il :! 11 28. Confirmatory By-law (a) There shall be enacted a by-law at the end of each Council Meeting to confirm, by by-law each recommendation contained in a Report of the Standing Committee of Council, and in respect of each motion, resolution and other actions passed and taken by the Council at the meeting, except where the prior approval of the ontario Municipal board or any other body or agency is required. II ., Ii II II II 'I Ii I, Ii i! Ii (b) That a motion for leave to pass a by-law to confirm the proceedings of a meeting of Council shall be voted on without debate. 29. Amendment to this By-law (a) Any procedure required by this by-law may be suspended with consent of a majority of the Members of the Council present. ji 11 , II :1 II !I !I II ., ., II II Ii Ii ii Ii ji Ii !i !i , (b) No amendment or repeal of this By-law or any part thereof shall be considered at any meeting of the council unless notice of proposed amendment or repeal has been given at a previous regular meeting of the Council and the waiving of this notice by the Council is prohibited. ii :1 Ii " " Ii I' Ii I II I I' :' I II Ii Ii Ii if I' Ii I; II I Ii Ii II II I' Ii il I ii I' I I I Ii Ii Ii II Ii 'I il . i I I i I 1 I I I I I I I I I I ~ I I 1 I I i I I I Ii I I I I I ~ II 11 II ,I il ii ii Ii II II Ii II II \ [I ii I' ii II ;1 I II ii i! Ii II Ii II Ii II Ii II !I I Ii ii II Ii I: Ii " II " Ii II Ii Ii .! il ii I' Ii " " 11 I il I II Ii II 'I ii Ii I' I Ii Ii II il II II Ii 11 Ii Ii Ii " II II II II II I, II Ii Ii I! Ii , II I' 30. 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. 31. By-law No. 89-36, By-law No. 91-13 and By-law No. 92-10 of the Township of Oro and By-law No. 1992-38 of the Township of Medonte are hereby repealed. 32. This By-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS lOth DAY OF JANUARY, 1994 BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS lOth DAY OF JANUARY, 1994 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~!jJ MAYOR OBERT E. DRURY ~ - fl2 A /P.A' R/ ~~)P /rw, ry,..' atERK DARLENE SHOEBRIDGE ~ ii ii I, 'i , II II II II Ii Ii Ii II II Ii Ii Ii II II " II II II Ii II 11 " " " Ii [I II Ii " I' Ii I' ii Ii II " Ii II i' II Ii I Ii Ii ,I !I Ii II II II Ii II " II I I :i r