HomeMy WebLinkAboutAugust 5, 2004 (Special)Special Council Meeting
Agenda
Thursday, August $, 2004
6:30 pm
This Special Meeting of Council has been called by Mayor Ryan pursuant to
Section 3 of By-law 3665/91, as amended, (Procedural By-law) to consider a by-
law to require a by-election for the office of Ward 2 City Councillor and a Part Lot
Control By-law.
(I)
RESOLUTIONS
Corporate Services Report CS 26-04 to declare the office of
Ward 2 City Councillor as vacant and to require a by-election to
fill this vacancy.
PAGE
1-4
(11) BY-LAWS
By-law Number 6361/04
Being a by-law to require a by-election be held for the vacant office of
Ward 2 City Councillor.
By-law Number 6362/04
Being a by-law to exempt Blocks 1 and 3, Plan 40M-2149, from part lot
control.
6-8
(111) ADJOURNMENT
-1-
PICKERING
REPORT TO
COUNCIL
Report Number: CS 26-04
Date: July 29, 2004
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject: Vacancy in the Office of Ward 2 City Councillor
Recommendation:
That Report to Council CS 26-04 regarding the vacancy in the office of Ward 2
City Councillor be received.
That pursuant to Section 262(1) of the Municipal Act, 2001, the Council of the
Corporation of the City of Picketing hereby declares the office of Ward 2 City
Councillor as vacant.
That the draft by-law to require a by-election to fill the vacancy in the office of
Ward 2 City Councillor be enacted.
That the Director, Corporate Services & Treasurer be authorized to transfer the
required funds, in an amount not to exceed $90,000 from the Contingency
Reserve.
That the appropriate officials of the City of Pickering be authorized to take the
necessary actions to give effect thereto.
Executive Summary:
Pursuant to the Municipal Act, 2001, due to the appointment of Councillor McLean to
the office of Ward 2 Regional Councillor on July 26, 2004, the office of Ward 2 City
Councillor is now vacant and Council must declare it as such. Council passed
Resolution #109/04 at its meeting of July 26, 2004 expressing its desire to hold a by-
election to fill this vacancy.
Financial Implications:
The cost of holding a by-election will be approximately $80,000 which consists primarily
of preparation of the Voters' List, the rental of equipment and the staffing of polling
stations.
2
Report CS 26-04
Vacancy in Office of Ward 2 City Councillor
July 29, 2004
Page 2
The 2004 budget contains a transfer to the Contingency Reserve in the amount of
$90,000 for funding of the next municipal election in 2006. An annual provision is
included in each current budget year leading up to the next municipal election for
funding purposes. Council may authorize the transfer of these funds from the Reserve
to fund the by-election. This will not, in our opinion, result in the budget being changed.
As a result, the provision included in the 2005 and 2006 Current Budgets would then
need to be increased by 50 percent, to approximately $135,000 in each of these years
to allow adequate funding for the next municipal election
Background:
At its meeting of July 26, 2004, Council appointed Councillor McLean to the office of
Ward 2 Regional Council and as a result, the office of Ward 2 City Council is now
vacant and Council must declare it as vacant.
Once the vacancy has been declared, although Council has the option to fill the
vacancy either by appointment or through a by-election, Council did express its desire
to fill the vacancy through a by-election when it passed the following resolution at its
meeting of July 26, 2004:
WHEREAS Councillor Mark Holland was elected to the House of
Commons in the Federal election held on June 28, 2004; and
WHEREAS the office of Ward 2 Regional Councillor, which was held by
Councillor Holland, was deemed to be vacant on July 12, 2004, being the
date of the official posting of the election results in the Canada Gazette;
and
WHEREAS only seven months have passed since the election of
Councillor Holland; and
WHEREAS over twenty-eight months remain until the next municipal
election; and
WHEREAS democracy will be perceived to be achieved if electors have
direct say in the filling of the vacancy;
NOW THEREFORE be it resolved that the Council of the Corporation of
the City of Pickering hereby directs the Clerk of the Municipality to hold a
by-election to fill the vacancy of the City Seat as Council appointed Bill
McLean to the Regional Seat leaving the City Seat vacant.
Report CS 26-04
Vacancy in Office of Ward 2 City Councillor
July 29, 2004
Page 3
3
In considering the enactment of a by-law to require a by-election, Council should be
aware of the following requirements in Section 65(4) of the Municipal Elections Act,
1996:
65(4) If a by-election is to be held for an office, the following rules
apply:
The clerk shall fix the date of nomination day, to be a
day not more than 60 days after,
ii)
the council of the clerk's municipality passes a
by-law indicating a by-election is required ....
3. Voting day shall be 45 days after nomination day.
4. The voters' list shall be prepared as follows:
i)
the clerk shall notify the assessment
commissioner that a by-election is required,
ii)
the assessment commissioner shall, at least 21
days before nomination day, give the clerk the
preliminary list or the part of it that is required for
the by-election, updated to the date he or she
received the clerk's notice,
iii)
the clerk shall make corrections to the preliminary
list under section 22 as soon as possible after
receiving the list, and
iv) the corrected list constitutes the voters' list.
Based on the above, if a by-law is enacted on August 5, 2004 to require a by-election, I
will set Nomination Day to be Friday, September 24, 2004, which is 50 days following
the enactment of the By-law. Election Day would then be Monday, November 8, 2004,
which is 45 days following Nomination Day.
Attachments:
1. Draft By-law
Report CS 26-04
Vacancy in Office of Ward 2 City Councillor
July 29, 2004
Page 4
Prepared B. y2:
Bruce Taylor
City Clerk
Approved / Endorsed By:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Attachment
Recommended for the consideration of
Pickering City Council ..~
T,J('f'omas J. Ouinn, Chief Administrative Officer
THE CORPOP~ATION OF THE CI]~( OF ?ICKERING
BY-LAW N0.6361/04
Being a by-law to require a by-election be
held for the vacant office of Ward 2 City
Councillor
WHEREAS pursuant to Section 262(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, the Council of the Corporation of the City of Pickering declared the office of
Ward 2 City Councillor as vacant at its meeting of August 5, 2004; and
WHEREAS pursuant to Section 263(5) of the said Act, the Council wishes to hold a by-
election to fill the vacancy;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
A by-election shall be held to fill the vacancy in the office of Ward 2 City
Councillor in accordance with the Municipal Elections Act, 1996.
BY-LAW read a first, second and third time and finally passed this 5~h day of August,
2004.
David Ryan, Mayor
C. Anne Greentree, Deputy Clerk
5
6
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
July 29, 2004
To:
From:
Subject:
Bruce Taylor
City Clerk
Denise Bye
Coordinator, Property & Development Services
Part Lot Control By-Law
- 974582 Ontario Ltd.
- Blocks 1 and 3, Plan 40M-2149
- File: PLC.40M-2149.1
The above-mentioned lands are being developed in accordance with the
appropriate Subdivision Agreement and Zoning By-Law in such a manner to
allow more than one dwelling unit to be constructed on the Blocks referred to.
Attached hereto is a location map and a By-law, enactment of which will exempt
these lands from the part lot control provisions of the Planning Act, thus
permitting transfers of those units into separate ownership. This By-law is
attached for the consideration of City Council at its meeting scheduled for August
5, 2004.
DB:bg
Attachments
~~....-]~..... ~
I LA~LA.*~*E TAR/
City of Picketing Planning & Development Department
PROPERTY DESCRIPTION BLOCKS 1 & 3, PLAN 40M-214.9
OWNER 974§B2 ONTARIO LTD, DATE JULY
APPLICATION No. PART LOT CONTROL SCALE 1:5000 CHECKED BY
FOR DEPARTMENT USE ONLY PN-3 PA-
8
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6362/04
Being a By-law to exempt Blocks 1 and 3, Plan
40M-2149, Pickering, from part lot control.
WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990,
chapter P.13, the Council of a municipality may by By-law provide that section 50(5) of
the Act does not apply to certain lands within a plan of subdivision designated in the
By-law;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to
the lands described as follows:
Blocks I and 3, Plan 40M-2149, Pickering.
This By-law shall remain in force and effect for a period of one year from the
date of the Passing of this By-law and shall expire on August 5, 2005.
BY-LAW read a first, second and third time and finally passed this 5th day of August,
2004.
David Ryan, Mayor
C. Anne Greentree, Deputy Clerk