HomeMy WebLinkAboutHK - Terms of ReferenceINTERNAL MEMO
City of Kitchener
City Hall, 200 King St. West
P.O. Box 1118
Kitchener, ON N2G 4G7
Date:
March 22, 2010
To:
Heritage Kitchener
From:
C. Goodeve, Committee Administrator
cc:
L. Bensason, M. Wade
Subject:
Heritage Kitchener - Terms of Reference Review
In October 2006, Council approved “A Plan for a Healthy Kitchener, 2007-2027” (P4HK) as the
community’s vision for the upcoming twenty years. P4HK provides a unified strategic approach to
key areas essential to the health and vitality of the City of Kitchener. It articulates priorities
identified in consultation with the community, such as quality of life, leadership and community
engagement, diversity, downtown, development and the environment. Compass Kitchener chose,
as a priority activity and with the support of Council, to review the City’s advisory committees.
Subsequently, a working group was appointed and began the review process in 2007.
Specifically, this initiative considered: the alignment of the committees in support of the
community’s priorities; recruitment and appointment processes; advisory committees’ structure
and mandate; representatives; term of appointment; and, other pertinent issues.
Resultant to that review, Chief Administrator’s Office reports CAO-08-021 and CAO-08-027 put
forward several recommendations that were approved by Council in the fall of 2008. One of those
recommendations was for each advisory committee to complete a review of their Terms of
Reference for clarity and relevance of mandate; and, submit recommendations to Council
regarding their Terms prior to the end of June 2010.
In accordance with Council’s direction, attached are draft revisions to Council Policy I-110
(Heritage Kitchener - Terms of Reference). Due to the legislative nature of Heritage Kitchener,
the revised Terms of Reference was developed based on an identification of best practices
employed by other advisory committees pertaining mostly to their administrative functions. In
addition, as these Terms are one of the first items a potential applicant to the Committee will
review, sections from other Council Policies related to membership on the City’s advisory
committees, such as Council Policy I-05 (Code of Conduct) and Municipal Code Chapter 25
(Procedure), were also incorporated.
In preparation for the April 6, 2010 Heritage Kitchener meeting, members are asked to review the
attached draft revised Terms of Reference and provide comments/suggestions to staff.
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COUNCIL POLICY RESOLUTION
POLICY NUMBER: I-110 DATE: MAY 27, 2002
AMENDED: SEPTEMBER 30, 2002
AMENDED: SEPTEMBER 20, 2004
POLICY TYPE: BOARD and COMMITTEE
SUBJECT: HERITAGE KITCHENER (MUNICIPAL HERITAGE COMMITTEE) - TERMS
OF REFERENCE
POLICY CONTENT
1.PURPOSE AND SCOPE
Heritage Kitchener is a Municipal Heritage Committee, as defined under Section 28
of the Ontario Heritage Act; and, advises Council on matters involving conservation
of heritage resources within Kitchener, both publicly and privately owned.
2.RESPONSIBILITIES
a) Advise Council on the following matters pursuant to the Ontario Heritage Act:
i) All matters under Part IV of the Ontario Heritage Act - Conservation of
Property of Cultural Heritage Value or Interest (individual property
designation); and,
ii) All matters under Part V of the Ontario Heritage Act - Heritage
Conservation Districts.
b) Assist in facilitating the process for listing non-designated property of cultural
heritage value or interest on the Municipal Heritage Register.
c) To cooperate with, but avoid duplicating the activities of other committees or
organizations.
d) Recommend properties for Mike Wagner Heritage Awards.
e) At the start of each term, propose priorities and develop a Work Plan based
upon those identified priorities. In some cases, it may be appropriate to refer to
staff for action or to establish working groups / sub-committees to address
specific issues.
f) To promote greater public awareness of the City’s cultural heritage and heritage
conservation issues through exhibits and openings, posters, the plaquing
program, guides, and special events such as the annual Heritage Showcase
display and the Mike Wagner Heritage Awards.
g) At times staff may deem it necessary to consult with the Committee on other
heritage matters not specifically outlined herein.
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POLICY NUMBER: I-110
SUBJECT: HERITAGE KITCHENER - TERMS OF REFERENCE
3.COMMITTEE COMPOSITION
The composition of Heritage Kitchener will be:
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1-2 - Members of Council;
a)
b) 5-6 - Sector-specific members;
c) 2-3 - Members of the community-at-large; and,
d) 1 - Representative from each of the City’s designated Heritage
Conservation Districts.
4. QUORUM
A quorum of this Committee is five (5) members.
5. APPOINTMENTS
a) In filling the sector-specific positions, Council shall endeavour to include, but not
be limited to, one representative from each of the following areas:
i. Professional Architect;
ii. Building Industry (builder, developer, renovator etc.);
iii. Professional Planner;
iv. Historian (i.e. history teacher, member of historical society);
v. Museum Specialist or Conservator;
vi. Landscape Specialist; and,
vii. Archaeologist.
b) Appointments shall be based on an applicant’s demonstrated interest and
participation in heritage matters, academic qualification, work experience,
knowledge and professional expertise.
c) How an applicant’s knowledge and skills complement the expertise of Heritage
Kitchener and availability to attend meetings and serve on various sub-
committees shall also be considered.
d) Members are appointed to Heritage Kitchener for a term of two (2) years with
eligibility for re-appointment for a maximum of two (2) additional terms, totalling
six (6) consecutive years on the Committee. Exemptions may be granted to
ensure the necessary representation in accordance with the Committee’s
composition.
e) In the event that a member misses three (3) consecutive meetings without an
acceptable reason, the individual’s appointment to Heritage Kitchener may be
rescinded by Council.
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POLICY NUMBER: I-110
SUBJECT: HERITAGE KITCHENER - TERMS OF REFERENCE
6. CHAIR AND VICE-CHAIR
a) The Chair and Vice-Chair of Heritage Kitchener shall be elected from among the
members at the start of each term.
b) Where necessary, the Chair, Committee Administrator and Heritage Planning staff
will confer with the Chair/Vice-Chair to ascertain an appropriate course of action to
dispense with a matter being considered by Heritage Kitchener.
7. SUB-COMMITTEES
a) Should the Committee feel a sub-committee is required to deal with specific
issues; such sub-committee shall be ad hoc in nature, with a specific, clearly
articulated mandate.
b) All sub-committees shall be reviewed at the start of each term to determine
whether they need to continue.
c) Each member of Heritage Kitchener shall endeavour to be on at least one sub-
committee.
8. MEETINGS
a) Meetings shall be conducted in accordance with Municipal Code Chapter 25
(Procedures) as adopted by Council.
b) Heritage Kitchener shall endeavour to meet monthly, in accordance with the
Committee’s established schedule.
c) Meetings shall commence at 4:00 p.m. (unless otherwise noted in the agenda),
with a goal of being a maximum of two (2) hours in duration.
d) Pursuant to Chapter 25 (Procedures), all meetings are open to the public,
except as permitted by the
Municipal Act, 2001.
e) Pursuant to Chapter 25 (Procedures), every member present at a meeting when
a question is put shall vote thereon, unless prohibited by Council Policy I-05
(Code of Conduct), in which case it will be recorded accordingly. Any member
who refuses to vote will be recorded as voting in the negative. In the event of
an equality of votes, the question being voted on is deemed to be lost.
f) The meeting agenda will be drafted by staff from the Office of the City Clerk in
consultation with Heritage Planning staff approximately two (2) weeks prior to
the scheduled meeting date.
g) Minutes shall be kept by the Committee Administrator and will be distributed to
all members of Council and the Corporate Management Team.
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POLICY NUMBER: I-110
SUBJECT: HERITAGE KITCHENER - TERMS OF REFERENCE
9. DELEGATIONS
a) Delegations shall address Heritage Kitchener with respect to matters listed on
the agenda for a maximum of five (5) minutes.
b) Where a delegation consists of five (5) or more persons, it may be permissible
for two (2) spokespersons to address Heritage Kitchener, each of whom shall
be granted a maximum of five (5) minutes.
c)Speakers will be requested not to repeat what has been stated by previous
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speakers addressing Heritage Kitchener.
d)All presentation materials to be considered by Heritage Kitchener shall be
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legible, and filed whenever possible with the Office of the City Clerk no later
than two (2) days prior to the finalization of the respective agenda and shall be
included as part of the supporting material attached to the agenda.
10. CODE OF CONDUCT
a) All members of Council, local boards and advisory committees must operate in
accordance with Council Policy I-05 (Code of Conduct), failure to do so could
result in a member’s removal from Heritage Kitchener.
b) Members shall be committed to performing their functions with integrity and to
avoid the improper use of the influence of their office, and conflicts of interest,
both real and apparent.
c) Members are expected to perform their duties in office and arrange their private
affairs in a manner that promotes public confidence and will bear close public
scrutiny.
d) Members are responsible for making honest statements and no member shall
make a statement when they know that statement is false, or with the intent to
mislead other members or the public.
e) Members shall seek to serve the public interest by upholding both the letter and
the spirit of the laws and policies established by the Federal Parliament, Ontario
Legislature, and Kitchener City Council.
11. REPORTING
a) Heritage Kitchener is anadvisory committee established by Kitchener City
Council in accordance with these adopted Terms of Reference. Members of
Heritage Kitchener are bound by these Terms of Reference and as an advisory
committee are responsible to Council.
b) In accordance with the Ontario Heritage Act, Heritage Kitchener shall report
directly to Council, and may bring matters before a Standing Committee of
Council as necessary.
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