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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