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City of Kawartha Lakes Drainage Board

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Agendas and Minutes

  • March 9, 2016 - Agenda (PDF)
  • November 16, 2015 - Agenda (PDF)
  • October 8, 2015 - Agenda (PDF)
  • June 10, 2015 - Agenda (PDF)
  • June 10, 2015 - Amended Agenda (PDF)
  • August 20, 2014 - Agenda (PDF)
  • June 18, 2014 - Agenda (PDF)
  • January 15, 2014 - Agenda (PDF)
  • January 15, 2014 - Amended Agenda (PDF)
  • September 19, 2013 - Agenda (PDF)
  • June 13, 2013 - Agenda (PDF)
  • April 11, 2013 - Agenda (PDF)
  • April 11, 2013 - Additional Agenda Material (PDF)
  • March 1, 2012 - Minutes (PDF) (Word)

Terms of Reference

NAME: City of Kawartha Lakes Drainage Board

BACKGROUND: The Drainage Act, RSO 1990, Chapter D17 is a provincial statute which gives authority to the municipality to carry out procedures of the Act.  Special legislation was passed granting authority for Council to establish a Drainage Board which would allow Council to delegate to the Board any of Council's powers and duties under the Drainage Act, except for Council's power to enact by-laws.

OBJECTIVES: The Drainage Board acts as the "facilitator" in carrying out the procedures under the Drainage Act.

MISSION: To fairly and objectively carry out the procedures of the Drainage Act that have been delegated to the Board.

The Drainage Board will abide by any terms and conditions which may be set out by the City's Council, CAO, Clerk, Solicitor, Auditor and/or Insurer for any activities relating to Drainage Board business.

COMPOSITION: The Drainage Board shall be comprised of a maximum of five members of the public.  Board members will be appointed by Council in accordance with established policy.  The Board shall appoint such executive positions as it deems necessary to ensure its operations but shall include as a minimum a Chair and a Vice-Chair.  It is acknowledged that there are no per diems for any Board positions and it is acknowledged that none of the above positions shall be paid for their services.

TERM OF APPOINTMENT: Unless exempted by legislation, members will be appointed to varying terms to a maximum of a three year term.  An equal number of appointees will be for a one year term and two-year term with the balance appointed to a three-year term for the first appointees.  Successive appointments will be for a three-year term to ensure knowledge succession and that there be no complete turnover of membership in any given year.

APPOINTMENT OF OFFICERS: The City of Kawartha Lakes Drainage Board shall, at its first meeting in each year, elect from its membership a chairperson and a vice-chairperson.

RESOURCES: The Public Works Department will provide support in the form of advice, day-to-day liaison with the City, updates on program and promotional ideas and initial assistance in their implementation to the degree resources are available.  The Department will also assist in the preparation and submission of budget requests/grant submissions if needed.

STAFF ASSIGNED: Staff from the Public Works Department will be available to assist the Board as outlined under "Resources" and to attend meetings of the Board upon request.

Council shall appoint a Secretary to the Drainage Board from existing Staff of the City.

TIMING OF MEETINGS: Meetings will be held on a set day and time as may be determined by the Board or at the call of the Chair.  As general rule Board meetings will be held on the second Thursday of the month as required.

LOCATION OF MEETINGS: The location of the meetings will be set by the Board.  Where possible a meeting to consider a report and a court of revision should be held in close proximity to the area defined in the report.

REPORTS: Minutes of all meetings of the Board shall be forwarded to Council for information purposes in accordance with established policy.

ADMINISTRATION: Any responsibilities not clearly identified within these Terms of Reference shall be the responsibility of the City of Kawartha Lakes.  Council may, at its discretion, change the Terms of Reference for this Board at any time.  Any changes proposed to these Terms of Reference by the Board shall be recommended to Council via the Director.

MEETINGS: The Board shall hold a minimum of three meetings in each calendar year.  The Chair shall cause notice of the meetings, including the agenda for the meetings, to be provided to members of the Board a minimum of three (3) business days prior to the date of each meeting.  Quorum for meetings shall consist of a majority of the members of the Board, of which one member shall be either the Chair or the Vice-Chair of the Board.  A copy of the Agenda shall be provided to the Clerk's office.

PROCEDURES: Meetings of the Board shall be governed by Robert's Rules of Order, Procedural By-law and Legislation.

CLOSED MEETINGS: The Board may, upon affirmative vote of the majority of its members present at a meeting, determine to hold any meeting or part of a meeting as a closed session in order to discuss sensitive personal issues or legal matters.  If the Board elects to hold a closed session, all persons not entitled to vote (with the exception of the staff liaison, if any, and all persons excepted by the members) shall vacate the premises where the meeting is taking place.  Closed meetings can only be held in accordance with Section 239 of the Municipal Act.

CONFLICTS OF INTEREST: Members shall abide by the rules outlined within the municipal Conflict of Interest Act and shall disclose the pecuniary interest to the Secretary and absent himself or herself from meetings for the duration of the discussion and voting (if any) with respect to that matter.

ERRORS/OMISSIONS: The accidental omission to give notice of any meeting of the Board to its members, or the non-receipt of any notice by any member, or any error in any notice that does not affect its substance, does not invalidate any resolution passed or any proceedings taken at the meeting.  Any member of the Board may at any time waive notice of any meeting.

MEETING ATTENDANCE: Any member of the Board who misses three consecutive meetings, without being excused by the Board, may be removed from the Board.  The Board must make recommendations, by a report to Council for the removal of any member.

PURCHASING POLICY: The Drainage Board shall follow the Procurement Policy of the City unless another purchasing policy has been endorsed by Council.

BUDGET: The Board will not be responsible for a budget unless Council approves their budget and delegation of responsibility to the Board through the Board's Terms of Reference.

VOLUNTEER POSITIONS: Unless approved by Council, as part of the Terms of Reference or establishing by-law, all Board members are considered volunteer positions.  Mileage costs and other minor expenses related to committee activities may be eligible for reimbursement subject to budget approvals by Council.

ACTIVITIES AND RESPONSIBILITIES:

The following are the activities and responsibilities of the Drainage Board:

(a)  Review all petitions or requests for drainage improvements and recommend to Council on whether or not the petition or request should proceed.  If the petition or request is to proceed, recommend to Council an Engineer to be appointed to prepare a report.

(b) Upon the filing of an Engineer's Report, review the report and recommend to Council on whether or not the report shall proceed to a report consideration.  If the report is to proceed, set a date and location for the report consideration allowing sufficient time for the Clerk to send the notices required in accordance with Section 41 of the Drainage Act.

(c) Conduct a meeting to consider a report in accordance with Section 42 of the Drainage Act and recommend to Council action to be taken on the report

(d) Sit as a Court of Revision as defined in Section 97 of the Drainage Act to hear appeals on assessments as outlined in Sections 52 to 56 of the Drainage Act.

(e)  Review reports prepared by the Purchasing Department and award a contract for the construction of a drain in accordance with City Policy.

DISSOLUTION: At the discretion of Council or upon the mandate of the Board being fulfilled, the Drainage Board may be dissolved by resolution of Council.

EXPULSION OF MEMBER: The Board may recommend to Council the expulsion of a member for reasons as listed, but not limited to, the member being in contravention of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act, the Provincial Offences Act, the Municipal Conflict of Interest Act; disrupting the work of the Board or other legal issues.

 

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