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HomeMy WebLinkAboutCommittees RC4 CAPE BRETON REGIONAL MUNICIPALITY Resolution RC4 COMMITTEES 1. Standing Committees The following standing committees shall be appointed every two years: Fire and Emergency Services Committee Audit Committee Heritage Advisory Committee 2. Police Commission Some members of the CBRM Council will also be sworn as Police Commissioners for a two year term. The Police Commission will act autonomous of Council and will carry out the prescribed responsibilities as outlined in the Cape Breton Regional Municipality By-laws governing the operation of its Police Commission and the Nova Scotia Police Act. The Commission shall meet on a quarterly basis (i.e. March, June, September and December), with the proviso that a special meeting could be called by the Chair should a pressing issue arise. (Police Commission —February 25, 2014). The Chair shall be selected by the Commission at the December meeting for a term of two consecutive years. The Chair shall also represent CBRM on the Nova Scotia Association of Police Boards. 3. General Committee Following a trial period utilizing a Committee of the Whole system, the General Committee replaced the Protective Services, Public Services, Water Utility, Planning Advisory and Corporate Services Committees (Council -February 19, 2013). General Committee membership is comprised of all members of Council and chaired by the Mayor. The General Committee was empowered with certain decision-making powers as per Section 23(1)(c) of the Municipal Government Act (MGA) (Council—April 16, 2013). The delegated powers include: a. Declaring CBRM property as surplus to the needs of the Municipality in accordance with the CBRM Property Management Policies; b. Building Inspection; C. Development; Resolution RC4 -Committees Page - 2 d. Animal Control e. Non-service delivery revenue i.e. licenses, permits, etc. f. Public Works; g. Engineering; h. Transit; i. Solid Waste Collection and Disposal; j. Parks and Recreation; k. Oversight of the CBRM Water Utility operation, including Regulatory Responsibility, Service Procedures, Rate Structure, Budget Preparation for Council consideration, and recommendations on Capital Projects; 1. will make decisions on all issues pertaining to the legislative branches of government, including: i. The Chief Administrative Officer's Department ii. The Clerk's Department iii. Solicitor iv. Finance Department v. Human Resources vi. Economic Development Initiatives M. Issues relating to fiscal services; n. Oversight of the business operation of Centre 200 and the Northside Industrial Park; o. Advise the Council in the preparation, amendment or revision of planning strategies, land-use by-laws, and subdivision by-laws and on land use matters generally, and to carry out the functions of a Planning Advisory Committee pursuant Sections 200- 203 of the MGA; p. The General Committee will report to Council periodically during the year concerning: - financial status, actual vs. budget - to seek approval for deviation from approved policy - departmental performance issues. 4. Residual Power In recognition of the ultimate power of the Council, especially on occasions when it would be prudent to retrieve an issue from the General Committee, CBRM Council reserves the right to require an issue to be returned to Council in formal session. 5. Committee Chair The position of Chair of each standing committee shall be rotated annually unless otherwise directed in this or another CBRM Policy. Resolution RC4 -Committees Page - 3 6. Policies, By-Laws and Budgets Council shall approve policies, by-laws and budgets for each of its standing committees which will govern the action of the standing committees. 7. Members of Standing Committees Except when otherwise provided by these By-laws or any statute, all standing committees consist of a minimum of three councillors who shall be appointed for a two year term. It shall be a guideline to strive for at least one half of the membership of committees to rotate off every second year to maintain continuity. 8. Mayor The Mayor is an ex-officio voting member of all Committees except the Audit Committee and the Police Commission. 9. Special Committees (1) Special or select committees may be appointed on motion, by recorded resolution, at any time. (2) Upon presenting its final report to Council on matters referred to it, a special or select committee is dissolved. 10. Citizen Advisory Committees The Council may from time to time appoint citizen advisory committees to advise the Council on the subjects and at the times set out in the resolution establishing the committee. 11. No Additional Remuneration No member of a committee is entitled to remuneration for serving on the committee. Resolution RC4 -Committees Page - 4 12. Nominating Committee (1) At the first regular meeting of Council held, after the Election, and at the first regular meeting of Council held in October and every two years thereafter, the Council shall appoint, or authorize the Mayor to appoint, the Nominating Committee. The Committee shall consist of the Mayor and at least five(5) Councillors. (2) Upon appointment, or soon thereafter, the Nominating Committee shall convene and nominate persons to serve for the next two years on the standing committees and external agencies/committees. (3) The Nominating Committee shall also meet as required to deal with citizen appointments and any vacancies on Committees. (4) With respect to the appointments of citizens to Committees, the following selection process shall be used: • While the meetings of the Nominating Committee are open to the public, the proceedings will not be live streamed or videotaped when dealing with citizen appointments. • The background information for the applicants will not be attached to the public agenda. • A matrix of the applicants identified by name and number, noting their qualifications and experience in the related field,will be provided to the Nominating Committee. • Discussion by the Committee will be non-specific, referring to the candidates by number and not by name. • Recommendations to Council will refer to the candidate number, and once the citizens have accepted the positions and any required background checks have been completed,their names will be released at a subsequent open meeting. (5) The Council may ratify the report of the nominating committee or may substitute the name of any person instead of the person nominated by the committee. 13. Non-Committee Council Members Council members not serving on Committees will not be permitted to participate in the Committee debate or the vote, but are authorized to make comments, presentations and participate at Committee meetings. Resolution RC4 -Committees Page - 5 14. Committee Procedure (1) Unless otherwise determined by statute or by-law, the members of a committee shall at their first meeting following the appointment of the committee choose a chair and a vice-chair from among their number. (2) The Clerk shall call the first meeting of any committee after its appointment on the request of the Mayor or a majority of the members of the committee. (3) The procedures to be followed by any committee are those prescribed by the rules of order resolution. (4) A majority of the members of a committee is a quorum. (5) All meetings of a committee are public except meetings to discuss matters related to personnel, land acquisition, legal opinions and other similar matters as outlined in Section 22(2) of the Nova Scotia Municipal Government Act. 15. Vacancies in Committees (1) A councillor appointed to a committee ceases to be a member of the committee upon ceasing to be a councillor. (2) The Council may by majority vote remove any member from a committee, remove any committee, or remove any member of a board or commission appointed by the Council. (3) The Council shall fill any vacancy occurring in any committee or with respect to any person appointed by the Council as soon as practicable after the vacancy occurs. 16. Council Authority The Council may confirm, alter, modify or annul any act, requirement or direction of any committee. 17. Committee Reports (1) The report of a committee shall be in writing and signed by the Chair. (2) When there is a difference of opinion among the members of the committee, the minority may report their views in writing to the Council, if they see fit. Resolution RC4 -Committees Page - 6 18. Duties of Standing Committees It is the general duty of all standing committees: (a) to report to the Council from time to time, whenever desired by the Council and as often as the interests of the Regional Municipality may require, on all matters connected with the duties imposed on them; (b) to carry out action in relation to those matters connected with their duties as may be deemed necessary; (c) to draft and introduce for Council consideration and adoption of the by-laws, policies and budgets necessary to empower Committees to carry out their mandate; (d) to consider and report on any and all matters referred to them by the Council or the Mayor; 19. Fire and Emergency Services Committee The Terms of Reference for the Fire and Emergency Services Committee is as follows: (Council - August 19, 2014): Mission The mission of the Fire and Emergency Services Committee is to manage community risk through a system of engineering, enforcement, education and consultation; and to provide a standard of emergency response meeting the defined needs of the CBRM. Committee Structure The Committee shall consist of five (5) members of Council. The Deputy Mayor is to serve as Chair with the annual election of a Vice Chair. Half of the Committee members are replaced every two years to maintain Committee continuity. Committee Duties The Committee is to report to Council, carry out the requests of Council, conduct research, create draft bylaws, policies and budgets for Council's consideration, and provide an annual report to Council on the state of service delivery including recommended service direction. Areas of Responsibility The Fire and Emergency Services Committee will accomplish their mission through their oversight and recommendations to Council pertaining but not limited to the delivery of: 1. Registration of Fire Services; 2. Registration of Emergency Service; Resolution RC4 -Committees Page - 7 3. Volunteer Support; 4. Fire Service Operations; 5. Fire -Emergency Services; 6. Fire Service Prevention; 7. Fire Service Training; 8. Emergency Management; and 9. Budget. Proposed Meeting Schedule Meetings will be held bi-monthly or more frequently as determined by the Chair. When possible, meetings will be held on the second Wednesday of the month commencing at 10:00 a.m. 20. Audit Committee The Audit Committee shall be appointed in accordance with the provisions of the Audit Committee Policy to perform the duties and exercise the powers prescribed by the Audit Committee Policy in accordance with the Municipal Government Act. 21. Heritage Advisory Committee The Heritage Advisory Committee shall be appointed in accordance with the provisions of the Heritage Property By-Law to perform the duties and exercise the powers prescribed by the Heritage Property By-Law and the Heritage Property Act. 22. External Agencies and Committees While Council supports the efforts of external agencies and committees within CBRM and acknowledge the exemplary service provided to the community, it is the Policy of CBRM that direct representation by Council members will not be provided, with the exception of the following organizations (or by future motion of Council), to which the required number of Councillors will be appointed for a two year term unless otherwise stated: • Cape Breton Regional Library Board(3 members); • Pitu'paq(one member); • Nova Scotia Solid Waste-Resource Management Regional Chairs Committee (one member); Members of Council are at liberty to offer their service to community organizations as a citizen of the Municipality (Council -June 18, 2013). Resolution RC4 -Committees Page - 8 23. Appeals Standing Committee The Terms of Reference for the Appeals Standing Committee shall be as follows: Purpose: a. The purpose of the Appeals Standing Committee is to provide a single forum for the hearing of certain appeals of decisions by staff of the Municipality and other duties as assigned. Composition: b. The Appeals Standing Committee shall consist of all members of Council. c. The Mayor will be the Chair and the Deputy Mayor will be the Vice-Chair of the Appeals Standing Committee. Duties and Responsibilities: d. To hear appeals as delegated to the Committee by the Council, including, but not limited to, appeals in accordance with the dangerous and unsightly premises provisions in Part XV of the Municipal Government Act; appeals in accordance with the CBRM Taxi By-law (as authorized under Section 305 of the Motor Vehicle Act); to issue demolition orders in accordance with the dangerous and unsightly premises provisions in Part XV of the Municipal Government Act; and appeals in accordance with the CBRM Tow Truck Licencing By-law. Administration and Procedures: e. The Appeals Standing Committee shall meet as required to fulfil its duties and responsibilities, and within sixty (60) days from the date the Clerk is in receipt of: an appeal of a decision of staff, or a Notice of Staff Intent to Request an Order to Demolish; or a request by an owner to appear and be heard pursuant to Section 346(3) of the Municipal Government Act. f. While the meetings of the Appeals Standing Committee are open to the public, the proceedings will not be live streamed or videotaped, and the background information for the agenda items will not be posted on the CBRM website. Resolution RC4 -Committees Page - 9 Approved by Council August 1, 1995 As amended by Council: ➢ May 21, 1996 ➢ Occupational Health and Safety Committee deleted as per motion of Council ➢ December 17, 1996 ➢ November 28,2000 ➢ December 18,2001 (quorum at Planning Advisory) ➢ February 17,2004 (creation of Water Utility Committee) ➢ March 11,2005 (various amendments) ➢ January 19,2010 (re: Police Commission) ➢ October 20,2015 (General Committee and other amendments) ➢ June 19,2017(Appeals Standing Committee) ➢ July 18,2017(meeting date for Fire and Emergency Services Committee) ➢ June 26,2018 (Council appointment term 2 years) ➢ March 12,2019 (Fire& Emergency Services Committee—changes to schedule) ➢ May 21,2019 (Nominating Committee procedure—citizen appointments) ➢ July 14,2020 (Deletion of Pension Committee) CAPE BRETON REGIONAL MUNICIPALITY Resolution RC4 COMMITTEES 1. Standing Committees The following standing committees shall be appointed every two years: Fire and Emergency Services Committee Audit Committee Heritage Advisory Committee 2. Police Commission Some members of the CBRM Council will also be sworn as Police Commissioners for a two year term. The Police Commission will act autonomous of Council and will carry out the prescribed responsibilities as outlined in the Cape Breton Regional Municipality By-laws governing the operation of its Police Commission and the Nova Scotia Police Act. The Commission shall meet on a quarterly basis (i.e. March, June, September and December), with the proviso that a special meeting could be called by the Chair should a pressing issue arise. (Police Commission —February 25, 2014). The Chair shall be selected by the Commission at the December meeting for a term of two consecutive years. The Chair shall also represent CBRM on the Nova Scotia Association of Police Boards. 3. General Committee Following a trial period utilizing a Committee of the Whole system, the General Committee replaced the Protective Services, Public Services, Water Utility, Planning Advisory and Corporate Services Committees (Council -February 19, 2013). General Committee membership is comprised of all members of Council and chaired by the Mayor. The General Committee was empowered with certain decision-making powers as per Section 23(1)(c) of the Municipal Government Act (MGA) (Council—April 16, 2013). The delegated powers include: a. Declaring CBRM property as surplus to the needs of the Municipality in accordance with the CBRM Property Management Policies; b. Building Inspection; C. Development; Resolution RC4 -Committees Page - 2 d. Animal Control e. Non-service delivery revenue i.e. licenses, permits, etc. f. Public Works; g. Engineering; h. Transit; i. Solid Waste Collection and Disposal; j. Parks and Recreation; k. Oversight of the CBRM Water Utility operation, including Regulatory Responsibility, Service Procedures, Rate Structure, Budget Preparation for Council consideration, and recommendations on Capital Projects; 1. will make decisions on all issues pertaining to the legislative branches of government, including: i. The Chief Administrative Officer's Department ii. The Clerk's Department iii. Solicitor iv. Finance Department v. Human Resources vi. Economic Development Initiatives M. Issues relating to fiscal services; n. Oversight of the business operation of Centre 200 and the Northside Industrial Park; o. Advise the Council in the preparation, amendment or revision of planning strategies, land-use by-laws, and subdivision by-laws and on land use matters generally, and to carry out the functions of a Planning Advisory Committee pursuant Sections 200- 203 of the MGA; p. The General Committee will report to Council periodically during the year concerning: - financial status, actual vs. budget - to seek approval for deviation from approved policy - departmental performance issues. 4. Residual Power In recognition of the ultimate power of the Council, especially on occasions when it would be prudent to retrieve an issue from the General Committee, CBRM Council reserves the right to require an issue to be returned to Council in formal session. 5. Committee Chair The position of Chair of each standing committee shall be rotated annually unless otherwise directed in this or another CBRM Policy. Resolution RC4 -Committees Page - 3 6. Policies, By-Laws and Budgets Council shall approve policies, by-laws and budgets for each of its standing committees which will govern the action of the standing committees. 7. Members of Standing Committees Except when otherwise provided by these By-laws or any statute, all standing committees consist of a minimum of three councillors who shall be appointed for a two year term. It shall be a guideline to strive for at least one half of the membership of committees to rotate off every second year to maintain continuity. 8. Mayor The Mayor is an ex-officio voting member of all Committees except the Audit Committee and the Police Commission. 9. Special Committees (1) Special or select committees may be appointed on motion, by recorded resolution, at any time. (2) Upon presenting its final report to Council on matters referred to it, a special or select committee is dissolved. 10. Citizen Advisory Committees The Council may from time to time appoint citizen advisory committees to advise the Council on the subjects and at the times set out in the resolution establishing the committee. 11. No Additional Remuneration No member of a committee is entitled to remuneration for serving on the committee. Resolution RC4 -Committees Page - 4 12. Nominating Committee (1) At the first regular meeting of Council held, after the Election, and at the first regular meeting of Council held in October and every two years thereafter, the Council shall appoint, or authorize the Mayor to appoint, the Nominating Committee. The Committee shall consist of the Mayor and at least five(5) Councillors. (2) Upon appointment, or soon thereafter, the Nominating Committee shall convene and nominate persons to serve for the next two years on the standing committees and external agencies/committees. (3) The Nominating Committee shall also meet as required to deal with citizen appointments and any vacancies on Committees. (4) With respect to the appointments of citizens to Committees, the following selection process shall be used: • While the meetings of the Nominating Committee are open to the public, the proceedings will not be live streamed or videotaped when dealing with citizen appointments. • The background information for the applicants will not be attached to the public agenda. • A matrix of the applicants identified by name and number, noting their qualifications and experience in the related field,will be provided to the Nominating Committee. • Discussion by the Committee will be non-specific, referring to the candidates by number and not by name. • Recommendations to Council will refer to the candidate number, and once the citizens have accepted the positions and any required background checks have been completed,their names will be released at a subsequent open meeting. (5) The Council may ratify the report of the nominating committee or may substitute the name of any person instead of the person nominated by the committee. 13. Non-Committee Council Members Council members not serving on Committees will not be permitted to participate in the Committee debate or the vote, but are authorized to make comments, presentations and participate at Committee meetings. Resolution RC4 -Committees Page - 5 14. Committee Procedure (1) Unless otherwise determined by statute or by-law, the members of a committee shall at their first meeting following the appointment of the committee choose a chair and a vice-chair from among their number. (2) The Clerk shall call the first meeting of any committee after its appointment on the request of the Mayor or a majority of the members of the committee. (3) The procedures to be followed by any committee are those prescribed by the rules of order resolution. (4) A majority of the members of a committee is a quorum. (5) All meetings of a committee are public except meetings to discuss matters related to personnel, land acquisition, legal opinions and other similar matters as outlined in Section 22(2) of the Nova Scotia Municipal Government Act. 15. Vacancies in Committees (1) A councillor appointed to a committee ceases to be a member of the committee upon ceasing to be a councillor. (2) The Council may by majority vote remove any member from a committee, remove any committee, or remove any member of a board or commission appointed by the Council. (3) The Council shall fill any vacancy occurring in any committee or with respect to any person appointed by the Council as soon as practicable after the vacancy occurs. 16. Council Authority The Council may confirm, alter, modify or annul any act, requirement or direction of any committee. 17. Committee Reports (1) The report of a committee shall be in writing and signed by the Chair. (2) When there is a difference of opinion among the members of the committee, the minority may report their views in writing to the Council, if they see fit. Resolution RC4 -Committees Page - 6 18. Duties of Standing Committees It is the general duty of all standing committees: (a) to report to the Council from time to time, whenever desired by the Council and as often as the interests of the Regional Municipality may require, on all matters connected with the duties imposed on them; (b) to carry out action in relation to those matters connected with their duties as may be deemed necessary; (c) to draft and introduce for Council consideration and adoption of the by-laws, policies and budgets necessary to empower Committees to carry out their mandate; (d) to consider and report on any and all matters referred to them by the Council or the Mayor; 19. Fire and Emergency Services Committee The Terms of Reference for the Fire and Emergency Services Committee is as follows: (Council - August 19, 2014): Mission The mission of the Fire and Emergency Services Committee is to manage community risk through a system of engineering, enforcement, education and consultation; and to provide a standard of emergency response meeting the defined needs of the CBRM. Committee Structure The Committee shall consist of five (5) members of Council. The Deputy Mayor is to serve as Chair with the annual election of a Vice Chair. Half of the Committee members are replaced every two years to maintain Committee continuity. Committee Duties The Committee is to report to Council, carry out the requests of Council, conduct research, create draft bylaws, policies and budgets for Council's consideration, and provide an annual report to Council on the state of service delivery including recommended service direction. Areas of Responsibility The Fire and Emergency Services Committee will accomplish their mission through their oversight and recommendations to Council pertaining but not limited to the delivery of: 1. Registration of Fire Services; 2. Registration of Emergency Service; Resolution RC4 -Committees Page - 7 3. Volunteer Support; 4. Fire Service Operations; 5. Fire -Emergency Services; 6. Fire Service Prevention; 7. Fire Service Training; 8. Emergency Management; and 9. Budget. Proposed Meeting Schedule Meetings will be held bi-monthly or more frequently as determined by the Chair. When possible, meetings will be held on the second Wednesday of the month commencing at 10:00 a.m. 20. Audit Committee The Audit Committee shall be appointed in accordance with the provisions of the Audit Committee Policy to perform the duties and exercise the powers prescribed by the Audit Committee Policy in accordance with the Municipal Government Act. 21. Heritage Advisory Committee The Heritage Advisory Committee shall be appointed in accordance with the provisions of the Heritage Property By-Law to perform the duties and exercise the powers prescribed by the Heritage Property By-Law and the Heritage Property Act. 22. External Agencies and Committees While Council supports the efforts of external agencies and committees within CBRM and acknowledge the exemplary service provided to the community, it is the Policy of CBRM that direct representation by Council members will not be provided, with the exception of the following organizations (or by future motion of Council), to which the required number of Councillors will be appointed for a two year term unless otherwise stated: • Cape Breton Regional Library Board(3 members); • Pitu'paq(one member); • Nova Scotia Solid Waste-Resource Management Regional Chairs Committee (one member); Members of Council are at liberty to offer their service to community organizations as a citizen of the Municipality (Council -June 18, 2013). Resolution RC4 -Committees Page - 8 23. Appeals Standing Committee The Terms of Reference for the Appeals Standing Committee shall be as follows: Purpose: a. The purpose of the Appeals Standing Committee is to provide a single forum for the hearing of certain appeals of decisions by staff of the Municipality and other duties as assigned. Composition: b. The Appeals Standing Committee shall consist of all members of Council. c. The Mayor will be the Chair and the Deputy Mayor will be the Vice-Chair of the Appeals Standing Committee. Duties and Responsibilities: d. To hear appeals as delegated to the Committee by the Council, including, but not limited to, appeals in accordance with the dangerous and unsightly premises provisions in Part XV of the Municipal Government Act; appeals in accordance with the CBRM Taxi By-law (as authorized under Section 305 of the Motor Vehicle Act); to issue demolition orders in accordance with the dangerous and unsightly premises provisions in Part XV of the Municipal Government Act; and appeals in accordance with the CBRM Tow Truck Licencing By-law. Administration and Procedures: e. The Appeals Standing Committee shall meet as required to fulfil its duties and responsibilities, and within sixty (60) days from the date the Clerk is in receipt of: an appeal of a decision of staff, or a Notice of Staff Intent to Request an Order to Demolish; or a request by an owner to appear and be heard pursuant to Section 346(3) of the Municipal Government Act. f. While the meetings of the Appeals Standing Committee are open to the public, the proceedings will not be live streamed or videotaped, and the background information for the agenda items will not be posted on the CBRM website. Resolution RC4 -Committees Page - 9 Approved by Council August 1, 1995 As amended by Council: ➢ May 21, 1996 ➢ Occupational Health and Safety Committee deleted as per motion of Council ➢ December 17, 1996 ➢ November 28,2000 ➢ December 18,2001 (quorum at Planning Advisory) ➢ February 17,2004 (creation of Water Utility Committee) ➢ March 11,2005 (various amendments) ➢ January 19,2010 (re: Police Commission) ➢ October 20,2015 (General Committee and other amendments) ➢ June 19,2017(Appeals Standing Committee) ➢ July 18,2017(meeting date for Fire and Emergency Services Committee) ➢ June 26,2018 (Council appointment term 2 years) ➢ March 12,2019 (Fire& Emergency Services Committee—changes to schedule) ➢ May 21,2019 (Nominating Committee procedure—citizen appointments) ➢ July 14,2020 (Deletion of Pension Committee)