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02052014 Council MINTown of Tillson burg Minutes of Council Meeting Date: Friday May 2, 2014 8:30AM Council Chambers Chair: Deputy Mayor Renaud MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private ATTENDANCE Deputy Mayor Mark Renaud Councillor Marty Klein Councillor Dave Beres Councillor Brian Stephenson Councillor Mel Getty Councillor Chris Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Resolution No.1: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of May 2, 2014, be adopted. "Carried" MOTIONS 1. Declaration of Vacancy I) lm'l.t. J- Mayor Lessif Resignation.pdf Resolution No.2: Moved By: Councillor Rosehart Seconded By: Councillor Getty 051214 Page 1 MINUTES: Meeting for the Committee "Open Council" CLERK THAT Council, as required by subsection 262 (1) of the Municipal Act, 2001, declare the office of the Mayor, to be vacant. "Carried" 2. CL 14-12 Filling the Vacancy for the Position of Mayor ~ Presented By: Donna Wilson, Town Clerk Resolution No.3: Moved By: Councillor Stephenson Seconded By: Councillor Beres THAT Council receives report CL 14-12 Filling the Vacancy for the Position of Mayor; AND THAT Council, as required by subsection 263(1) of the Municipal Act, 2001, fill the vacancy through steps outlined in Option A contained therein. "Carried" 3. Call for Nominations ldl Presented By: Donna Wilson, Town Clerk Councillor Stephenson nominated Councillor Beres for Mayor. Councillor Beres accepted the nomination. Councillor Klein nominated Councillor Getty for Mayor. Councillor Getty respectively declined the nomination. 4. Mayoral Appointment and Declaration of Office 1J Presented By: Donna Wilson, Town Clerk Resolution No.4: Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council, as required by subsection 263 (1) of the Municipal Act, 2001, hereby appoint David Beres as Mayor for the Town of Tillson burg for the remainder of the term of Council. A recorded vote as requested by Councillor Getty: NAME VOTE IN FAVOUR VOTE A GAl NST Councillor Getty X Councillor Klein X Councillor Rosehart X Councillor Stephenson X Deputy Mayor Renaud X Councillor Beres X The recorded vote reflects the vote is five in favour of the Motion and one against the Motion. Page2 MINUTES: Meeting for the Committee "Open Council" "Carried" MOTIONS 5. Declaration of Vancancy !)! Resolution No.5: Moved By: Councillor Klein Seconded By: Councillor Stephenson THAT Council, as required by subsection 262 (1) of the Municipal Act, 2001, declare a councillor position to be vacant. "Carried" 6. Process for filling Council Vancancy 1:;;1 Resolution No.6: Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council, as required by subsection 263 (1) of the Municipal Act, 2001, fill the vacancy, and authorize the Town Clerk to take the steps necessary to carry out Option B, as captured in Report CL 14-12. "Carried" BY-LAWS 7. By-Laws for the Meeting of May 2. 2014 .... ~ By-Law 3817.pdf Resolution No.7: ..~... ~ Confirming By-law May 2, 2014 (2).pdf Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By-Law 3817, to appoint a Mayor for the Town of Tillsonburg; AND THAT By-Law 3819, to Confirm the Proceedings of the Council Meeting of May 2, 2014, be read for a first and second time and this constitutes the first and second reading thereof. "Carried" Resolution No.8: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT By-Law 3817, to appoint a Mayor for the Town of Tillson burg; AND THAT By-Law 3819, to Confirm the Proceedings of the Council Meeting of May 2, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 9:23a.m. Page 3 MINUTES: Meeting for the Committee "Open Council" Approval Received: (0 of 1) Donna Wilsonrrillsonburg (Friday May 02, 2014 11:25 AM) Town of Tillson burg Page4 The Corporation of the Town of Tillson burg Office of the Mayor April4, 2014 To the Attention of Members of Council, CAO, Clerk and Citizens-Town of Tillsonburg This Is to advise, effective April 30' 2014, I will be stepping down as Mayor. After much deliberation, I have made this decision for personal reasons related to my family. This has been an incredible journey serving proudly as the Mayor of the Town of Tillsonburg. It is an honour and privilege to have served with pride the Town ofTillsonburg in this capacity. During my lifetime, my family has always been a number one priority in the decisions I have made over the years. It is no different today, thus I am listening to the "voices" around me. Thank you to those who expressed their confidence by electing me to this high Municipal office, my appreciation is extended to the staff in our community who deliver the high level of service funded by the taxpayer and to members of Council for the collective efforts to move Tillsonburg forward during the last 31/2 years. I have given it my best each day and have no regrets, Title: Report No.: Author: Meeting Type: Council/Committee Date: Attachments: RECOMMENDATION STAFF REPORT CLERKS OFFICE FILLING THE VACANCY FOR THE POSITION OF MAYOR CL 14-12 DONNA WILSON COUNCIL MEETING MAY 2, 2014 EXCERPT-MUNCIPAL ELECTIONS ACT, 1996, THAT Council receives Report CL 14-12, Filing the Vacancy for the Position of Mayor; AND THAT Council, as required by subsection 263(1) of the Municipal Act, 2001, fill the vacancy through steps outlined in Option ___ contained therein. EXECUTIVE SUMMARY The purpose of this Report is to provide options for an accountable and transparent process for filling the vacant seat of Mayor for the Town of Tillson burg for the remainder of the term of Cou neil. BACKGROUND In accordance with section 263 (5) of the Municipal Act, Council has 60 days from the day a declaration of vacancy is made to appoint a person to fill the vacancy. That means that Council has until July 11, 2014 to fill the vacant seat of Mayor for the remainder of the Council term. Council may appoint any person who is a qualified elector. The Act does not set out the parameters to regulate how such an appointment is made, this is left to the discretion of Council. Council may wish to appoint from within the current Council or Council may appoint any individual they choose as long as the individual is an eligible elector. If a current Council member is appointed then Council will be required to fill the vacant council position. CAO 2. only two nominees remain, the tie shall be broken and the vacancy shall be filled by the nominee selected by lot conducted by the Clerk; iii) Upon conclusion of the voting, the Clerk will declare to be elected the successful nominee. 6. A by-law confirming the appointment shall be enacted by Council appointing the successful candidate to the office for the remainder of the term of the present Council and the Oath of Office shall be given by the Town Clerk. 7. Council to declare the office of Councillor to be vacant. Option B Council may appoint an eligible elector or the next runner-up from the 2010 election. This could be for the seat of Mayor or for a vacant Council seat. It should be noted that the individual would have to be qualified and they must be willing to accept the position. A by-law confirming the appointment shall be enacted by Council appointing the successful candidate to the office for the remainder of the term of the present Council and the Oath of Office shall be given by the Town Clerk. Option C 1. The Town Clerk or his/her designate (the Clerk) shall post a notice on the Town website and in the local newspaper. The notice shall indicate Council's intention to appoint a person to the vacancy and outline the process any interested person must follow to become nominated. In addition, notice will be sent to any individual in the town who has requested notice. 2. No sooner than 7 days after a notice of vacancy has been given, an Information session shall be conducted by staff for potential nominees. 3. All nominees must complete and sign a Consent of Nominee form and a Statement of Qualification, which will be provided at the Information session. 4. The vote to fill the vacancy by appointment shall occur at a Council meeting following the information session. 5. At the meeting, the following shall take place: (a) The Chair shall make a short statement of the purpose of the meeting and the general order of proceedings to be followed. (b) The Clerk will provide to the Chair a list of the names of those nominees who have completed the Consent of Nominee and Statement of Qualification. (c) The Chair will call for a motion from Council in the following form: "THAT the following persons, who have signified in writing that they are legally qualified to hold 3 CAO APPROVALS Author Name/Signature Donna Wilson DATE: April 25, 2014 Finance/Signature N/A DATE: CAO Name/Signature David Calder DATE: April 29, 2014 5 CAO VACANCIES Vacant seat 259. (1) The office of a member of council of a municipality becomes vacant if the member, (a) becomes disqualified from holding the office of a member of council under section 256, 257 or 258; (b) fails to make the declaration of office before the deadline in section 232; (c) is absent from the meetings of council for three successive months without being authorized to do so by a resolution of council; (d) resigns from his or her office and the resignation is effective under section 260; (e) is appointed or elected to fill any vacancy in any other office on the same council; (f) has his or her office declared vacant in any judicial proceeding; (g) forfeits his or her office under this or any other Act; or (h) dies, whether before or after accepting office and making the prescribed declarations. 2001, c. 25, s. 259 (1). Exception ill Clause ( 1) (e) does not apply to vacate the office of a member of an upper-tier council when the member is appointed head of council if the composition of council requires or permits the member to hold both offices. 2001, c. 25, s. 259 (2). Dual vacancies ill If one of the offices of a person who is a member of council of both a local municipality and its upper-tier municipality becomes vacant under this section, the other office also become vacant. 2001, c. 25, s. 259 (3). Exception ill Subsection (3) does not apply to vacate an office of a member when another office of the member becomes vacant if the composition of the councils does not require the member to hold both offices. 2001, c. 25, s. 259 (4). Resignation as member 260. (1) A member of council of a municipality may resign from office by notice in writing filed with the clerk ofthe municipality. 2001, c. 25, s. 260 (1). Restriction ill Despite subsection (1 ), a resignation is not effective if it would reduce the number of members of the council to less than a quorum and, if the member resigning from office is a member of the councils of both a local municipality and its upper-tier municipality, the resignation is not effective if it would reduce the number of members of either council to less than a quorum. 2001, c. 25, s. 260 (2). Vacancy, head of council ill Despite subsections ( 1) to (3 ), if the head of council of an upper-tier municipality is required to be appointed by the members of the upper-tier council, the upper-tier municipality shall fill a vacancy in the office of head of council by appointment in the same manner as the head was originally appointed. 2001 , c. 25 , s. 263 (4). Rules applying to filling vacancies Term ill The following rules apply to filling vacancies: 1. Within 60 days after the day a declaration of vacancy is made with respect to the vacancy under section 262, the municipality shall, i. appoint a person to fill the vacancy under subsection ( 1) or ( 4 ), or ii. pass a by-law requiring a by-election be held to fill the vacancy under subsection (1). 2. Despite paragraph 1, if a court declares an office to be vacant, the council shall act under subsection ( 1) or ( 4) within 60 days after the day the court makes its declaration. 3. Despite subsections ( 1) to ( 4 ), if a vacancy occurs within 90 days before voting day of a regular election, the municipality is not required to fill the vacancy. 2001, c. 25, s. 263 (5). 264. A person appointed or elected to fill a vacancy under section 263 shall hold office for the remainder of the term of the person he or she replaced. 2001, c. 25, s. 264. Application to court 265. ( 1) Any elector entitled to vote at the election of members of a council may apply to the Superior Court of Justice for a declaration that the office of a member of the council has become vacant in accordance with this Act. 2001, c. 25, s. 265 (1). Judicial finding ill If the court finds that the office of a member of the council has become vacant, it may order the member removed from office and declare the office vacant. 2001, c. 25, s. 265 (2). Application of S.O. 1996, c. 32 ill Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to the application as if it were an application under section 83 of that Act. 2001, c. 25, s. 265 (3). Combined application ill The application may be combined with an application under section 83 of the Municipal Elections Act, 1996, in which case the applications shall be heard and disposed oftogether. 2001 , c. 25, s. 265 (4). NOMINATION PROCESS • Recognition by the Clerk is required to make a nomination. • Nominations shall take the form "I nominate to fill the Mayor vacancy. ------ • Nominations don't have to be seconded • The Clerk shall ask the nominee if they accept the nomination. • If the nominee accepts the nomination the Clerk shall state that the nomination stands. • Once all nominations have been moved then the Clerk shall close nominations. • Nomination are now closed and candidates shall be given five (5) minutes to address Council. • The Clerk shall call the vote. • The vote shall be by open vote in accordance with Option A contained in Report CL 14-12 DECLARATION OF OFFICE (Section 232 of the Municipal Act, 2001) I,-----------------' having been elected or appointed to the office (name of person) of Ma or (name of office) in the municipality of The Town of Tillsonburg (name of municipality) do solemnly promise and declare that: 1. I will truly, faithfully and impartially exercise this office to the best of my knowledge and ability. 2. I have not received and will not receive any payment or reward, or promise thereof, for the exercise of this office in a biased, corrupt or in any other improper manner. 3. I will disclose any pecuniary interest, direct or indirect, in accordance with the Municipal Conflict of Interest Act. 4. I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being). And I make this solemn promise and declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me at the . .T.9.F.P..Rf..IU.~~.<;mJ?.mg, ..................... . in the County of Oxford ) ) ) ) on .!~.~ .. ~A~Y..~.f.~.~Y.~................................. ) 14 20...... ) Commissioner for taking Affidavits Donna Wilson, Town Clerk signature of declarant TilE CORPORATION OF THE TOWN OF Tll.LSONBURG BY-LAWNO. 3817 A BY-LAW to appoint a Mayor for the Town ofTillsonburg. WHEREAS a vacancy for the office ofMayor has been declared, as pursuant of the Municipal Act, 2001, S.O. 2001, Chapter25, Section262.(1); AND WHEREAS the Council of the Corporation of the Town ofTillsonburg deems it is necessary and expedient to appoint a Mayor for the Corporation of the Town ofTillsonburg; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT Dave Beres be hereby appointed as Mayor. 2. THAT this By-Law is passed pursuant to the Municipal Act, 2001 S.O. 2001, Chapter 25. 3. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 2nd day ofMay, 2014. Read a Third and Final Time and passed this~ day of May, 2014. ~-_.....;. ---· --------·--~---------------··· THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3819 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 2nd day of May, 2014 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on May 2, 2014, with respect to every report, motion, by- law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillson burg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillson burg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 2"d DAY OF MAY, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 2"d DAY OF MAY, 2014. CHAIR-Deputy Mayor Renaud TOWN CLERK -Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: Date: May 2, 2014 RESOLUTION NO.: ---=-1 __ THAT the Agenda as prepared for the Council Meeting of May 2, 2014, be adopted. D D Carried Recorded Vote D Defeated D Deferred ~led ~ Deputy Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --=1-Date: May 2, 2014 RESOLUTION NO.: MOVED BY: THAT Council, as required by subsection 262 (1) of the Municipal Act, 2001, declare the office of the Mayor, to be vacant. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~ Deputy Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=2=----Date: May 2, 2014 RESOLUTION NO.: MOVED BY: __ ... ~ THAT Council receives report CL 14-12 Filling the Vacancy for the Position of Mayor; AND THAT Council, as required by subsection 263(1) of the Municipal Act, 2001 , fill the vacancy through steps outlined in Option A 1 p ed therein. l; D D Carried Recorded Vote D Defeated D Deferred /\/---~---Deputy Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'4'----- RESOLUTION N~ MOVEDBY: ~ SECONDED BY: .6 ~--- Date: May 2, 2014 THAT Council, as required by subsection 263 (1) of the Municipal Act, 2001, hereby appoint _Q~,A~v_,_{ _ILQ _ __;,b=-E ..... -.__J~_,_£---==S-as Mayor for the Town of Tillsonburg for the remainder of the term of Council. D D Carried Recorded Vote D Defeated D Deferred D Tabled ___ Deputy Mayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: ---=5::....___ Date: May 2, 2014 MOVED BY: THAT Council, as required by subsection 262 (1) of the Municipal Act, 2001, declare a councillor position to be vacant. cTarried D Recorded Vote D Defeated D Deferred Tabled D ~ ./ Deputy Mayor's Initials AGENDA ITEM NO.: ---=6'------ RESOLUTION NO.: ---=-6 __ MOVED BY: COUNCIL RESOLUTION Date: May 2, 2014 THAT Council, as required by subsection 263 (1) of the Municipal Act, 2001, fill the vacancy, and authorize the Town Clerk to take the steps necessary to carry out Option _13__, as captured in Report CL 14-12. D D Carried Recorded Vote D Defeated D Deferred 0Tabled ~ Deputy Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _____!7 __ RESOLUTION NO.: 7# MOVED BY: ;/tlf ~ ' . SECONDEDBY: k· ;(~9-== Date: May 2, 2014 THAT By-Law 3817, to appoint a Mayor for the Town of Tillsonburg; AND THAT By-Law 3819, to Confirm the Proceedings of the Council Meeting of May 2, 2014, be read for a first and second time and this constitutes the first and second reading thereof. D D Carried Recorded Vote D Defeated D Deferred Tabled Deputy Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----=7 __ Date: May 2, 2014 RESOLUTION NO.: MOVED BY: SECONDED BY: THAT By-Law 3817, to appoint a Mayor for the Town of Tillsonburg; AND THAT By-Law 3819, to Confirm the Proceedings of the Council Meeting of May 2, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. D D Carried Recorded Vote D Defeated D Deferred ~bled ~ ___ Deputy Mayor's Initials NOMINATION PROCESS • Recognition by the Clerk is required to make a nomination. • Nominations shall take the form "I nominate ______ to fill the Mayor vacancy. • Nominations don't have to be seconded • The Clerk shall ask the nominee if they accept the nomination. • If the nominee accepts the nomination the Clerk shall state that the nomination stands. • Once all nominations have been moved then the Clerk shall close nominations. • Nomination are now closed and candidates shall be given five (5) minutes to address Council. • The Clerk shall call the vote. • The vote shall be by open vote in accordance with Option A contained in Report CL 14-12 STAFF REPORT CLERKS OFFICE Title: FILLING THE VACANCY FOR THE POSITION OF MAYOR Report No.: CL14-12 Author: DONNA WILSON Meeting Type: COUNCIL MEETING Council/Committee MAY 2, 2014 Date: Attachments: EXCERPT-MUNCIPAL ELECTIONS ACT, 1996, RECOMMENDATION THAT Council receives Report CL 14-12, Filing the Vacancy for the Position of Mayor; AND THAT Council, as required by subsection 263(1} ofthe Municipal Act, 2001, fill the vacancy through steps outlined in Optio~ontained therein. g ~-vlc.._ EXECUTIVE SUMMARY The purpose of this Report is to provide options for an accountable and transparent process for filling the vacant seat of Mayor for the Town of Tillsonburg for the remainder of the term of Council. BACKGROUND In accordance with section 263 (5) ofthe Municipal Act, Council has 60 days from the day a declaration of vacancy is made to appoint a person to fill the vacancy. That means that Council has until July 11, 2014 to fill the vacant seat of Mayor for the remainder of the Council term. Council may appoint any person who is a qualified elector. The Act does not set out the parameters to regulate how such an appointment is made, this is left to the discretion of Council. Council may wish to appoint from within the current Council or Council may appoint any individual they choose as long as the individual is an eligible elector. If a current Council member is appointed then Council will be required to fill the vacant council position. CAO A qualified person is a qualified elector under Section 17 of the Municipal Elections Act, namely a person who: • Resides in the Town of Tillson burg; • Is the owner or tenant of land in the Town or the spouse of such owner or tenant; • Is a Canadian citizen; • Is at least 18 years old; and • Is not prohibited from voting under the Municipal Elections Act, 1996 or otherwise by law. Option A. Fill the vacancy by appointing a current member of Council to hold the office of Mayor. The vote to appoint a member to the position of Mayor shall occur at a Council Meeting in the following manner. 1) The Clerk shall facilitate the nomination process. 2) Council may nominate themselves or members of the current Council for the office of Mayor. A seconder is not required for a nomination. 3) The Clerk shall state that the following candidates, "list the names" have accepted the nomination for consideration for the appointment of Mayor for the Town of Tillson burg. 4) Candidates who accept the nomination will be afforded the opportunity to address Council for a period of not more than five (5) minutes. The order of speaking will be determined by lot. (The Clerk shall place the names of all candidates in a container and randomly draw the names.) 5) Upon hearing all the submissions of the candidates, Council will proceed to vote by way of public vote. All Councillors including candidates will be eligible to vote. i) where the candidate receiving the greatest number of votes cast does not receive more than one-half the votes of all Members of Councit the nominee or nominees who received the fewest number of votes shall be excluded from the voting and the vote will be taken again by the Clerk and, if necessary, more than once, excluding in each successive vote the nominee or nominees who receive the fewest number of votes in the preceding vote, until the nominee receiving the greatest number of votes has also received more than one-half of the votes of the Members of Council present and voting; ii) where the votes cast are equal for all the nominees and if: 1. there are three or more candidates remaining, the Clerk shall by lot select one such nominee to be excluded from the subsequent voting-public vote for remaining candidates; 2 CAO 2. only two nominees remain, the tie shall be broken and the vacancy shall be filled by the nominee selected by lot conducted by the Clerk; iii) Upon conclusion of the voting, the Clerk will declare to be elected the successful nominee. 6. A by-law confirming the appointment shall be enacted by Council appointing the successful candidate to the office for the remainder of the term of the present Council and the Oath of Office shall be given by the Town Clerk. 7. Council to declare the office of Councillor to be vacant. Option B Council may appoint an eligible elector or the next runner-up from the 2010 election. This could be for the seat of Mayor or for a vacant Council seat. It should be noted that the individual would have to be qualified and they must be willing to accept the position. A by-law confirming the appointment shall be enacted by Council appointing the successful candidate to the office for the remainder of the term of the present Council and the Oath of Office shall be given by the Town Clerk. Option C 1. The Town Clerk or his/her designate (the Clerk) shall post a notice on the Town website and in the local newspaper. The notice shall indicate Council's intention to appoint a person to the vacancy and outline the process any interested person must follow to become nominated. In addition, notice will be sent to any individual in the town who has requested notice. 2. No sooner than 7 days after a notice of vacancy has been given, an Information session shall be conducted by staff for potential nominees. 3. All nominees must complete and sign a Consent of Nominee form and a Statement of Qualification, which will be provided at the Information session. 4. The vote to fill the vacancy by appointment shall occur at a Council meeting following the information session. 5. At the meeting, the following shall take place: (a) The Chair shall make a short statement ofthe purpose ofthe meeting and the general order of proceedings to be followed. (b) The Clerk will provide to the Chair a list ofthe names ofthose nominees who have completed the Consent of Nominee and Statement of Qualification. (c) The Chair will call for a motion from Council in the following form: "THAT the following persons, who have signified in writing that they are legally qualified to hold 3 CAO the office of councillor and consented to accept the office if they are appointed to fill the vacancy of Mayor, be considered for appointment to fill such vacancy." (d) Each of the nominees shall be afforded the opportunity to address Council for a period of not more than five minutes. The order of speaking will be determined by lot. (The Clerk shall place the names of all nominees in a container and randomly draw the names.) (e) All nominees shall be asked the same three (3) questions which will be pre-determined based on input by Council. (f) Upon hearing all the submissions of the nominees, Council will proceed to vote as follows: i. Members of Council will vote by way of public vote. Councillors who are candidates will not be eligible to vote; ii. where the candidate receiving the greatest number of votes cast does not receive more than one-half the votes of all Members of Council, the nominee or nominees who received the fewest number of votes shall be excluded from the voting and the vote will be taken again by the Clerk and, if necessary, more than once, excluding in each successive vote the nominee or nominees who receive the fewest number of votes in the preceding vote, until the nominee receiving the greatest number of votes has also received more than one-half of the votes of the Members of Council present and voting; iii. where the votes cast are equal for all the nominees and if: 1. there are three or more candidates remaining, the Clerk shall by lot select one such nominee to be excluded from the subsequent voting; 2. only two nominees remain, the tie shall be broken and the vacancy shall be filled by the nominee selected by lot conducted by the Clerk; (g) Upon conclusion of the voting, the Clerk will declare to be elected the successful nominee. (h) A by-law confirming the appointment shall be enacted by Council appointing the successful nominee to the office for the remainder of the term of the present Council and an Oath of Office shall be given by the Town Clerk. FINANCIAL IMPACT/FUNDING SOURCE Costs to be accommodated in the current year operating budget. 4 CAO APPROVALS Author Name/Signature Donna Wilson DATE: April 25, 2014 Finance/Signature Darrell Eddington DATE: April , 2014 CAO Name/Signature David Calder DATE: April ,2014 5 CAO STAFF REPORT CLERKS OFFICE Title: FILLING THE VACANCY FOR THE POSITION OF MAYOR Report No.: CL 14-12 Author: DONNA WILSON Meeting Type: COUNCIL MEETING Council/Committee MAY 2, 2014 Date: Attachments: EXCERPT-MUNCIPAL ELECTIONS ACT, 1996, RECOMMENDATION L (( (T~AT Council, as required by subsecti0~:.;-M~nicipal Act, 2001, declare the office of the) , Mayor, to be vacant. /" A:.N0 THAT Council, as required by subsection 263(1) ofthe Municipal Act, 2001, hereby appoin~ _______ as Mayor for the Town of Tillson burg for the remainder of the term of} unci I. Or (0--Jl J~ AND THAT Council, as required by subsection 263 (1) ofthe Municipal Act, 2001, fill the vacancy, and authorize the Town Clerk to take the steps necessary to carry out Option __ . CLS Cu"--J,~.J~c .. J \"-. ~~ LL ~~~q:a EXECUTIVE SUMMARY The purpose of this Report is to provide options for an accountable and transparent process for filling the vacant seat of Mayor for the Town of Tillson burg for the remainder of the term of Council. BACKGROUND In accordance with section 263 (5) of the Municipal Act, Council has 60 days from the day a declaration of vacancy is made to appoint a person to fill the vacancy. That means that Council has until July 11, 2014 to fill the vacant seat of Mayor for the remainder of the Council term. CAO Council may appoint any person who is a qualified elector. The Act does not set out the parameters to regulate how such an appointment is made, this is left to the discretion of Council. Council may wish to appoint from within the current Council or Council may appoint any individual they choose as long as the individual is an eligible elector. If a current Council member is appointed then they will be required to fill the vacant council position. A qualified person is a qualified elector under Section 17 of the Municipal Elections Act, namely a person who: • Resides in the Town of Tillson burg; • Is the owner or tenant of land in the Town or the spouse of such owner or tenant; • Is a Canadian citizen; • Is at least 18 years old; and • Is not prohibited from voting under the Municipal Elections Act, 1996 or otherwise by law. Option A. Fill the vacancy by appointing a current member of Council to hold the office of Mayor. The vote to appoint a member to the position of Mayor shall occur at a Council Meeting in the following manner. 1) The Clerk shall facilitate the nomination process. 2) Council may nominate themselves or members of the current Council for the office of Mayor. 3) The Clerk shall state that the following candidates, 111ist the names" have accepted the nomination for consideration for the appointment of Mayor for the Town of Tillson burg. 4) Candidates who accept the nomination will be afforded the opportunity to address Council for a period of not more than five minutes. The order of speaking will be determined by lot. (The Clerk shall place the names of all candidates in a container and randomly draw the names.) 5) Upon hearing all the submissions ofthe candidates, Council will proceed to vote by way of public vote. All Councillors including candidates will be eligible to vote. i) where the candidate receiving the greatest number of votes cast does not receive more than one-half the votes of all Members of Council, the nominee or nominees who received the fewest number of votes shall be excluded from the voting and the vote will be taken again by the Clerk and, if necessary, more than once, excluding in each successive vote the 2 CAO nominee or nominees who receive the fewest number of votes in the preceding vote, until the nominee receiving the greatest number of votes has also received more than one-half of the votes of the Members of Council present and voting; ii) where the votes cast are equal for all the nominees and if: 1. there are three or more candidates remaining, the Clerk shall by lot select one such nominee to be excluded from the subsequent voting; 2. only two nominees remain, the tie shall be broken and the vacancy shall be filled by the nominee selected by lot conducted by the Clerk; iii) Upon conclusion of the voting, the Clerk will declare to be elected the successful nominee. 6. A by-law confirming the appointment shall be enacted by Council appointing the successful candidate to the office for the remainder of the term of the present Council and the Oath of Office shall be given by the Town Clerk. Option B Council may wish to appoint the next runner-up from the 2010 election. This could be for the seat of Mayor or for the vacant Councillor seat. It should be noted that there is no guarantee that the individual would still be qualified or ifthey are interested in the position. A by-law confirming the appointment shall be enacted by Council appointing the successful candidate to the office for the remainder of the term of the present Council and the Oath of Office shall be given by the Town Clerk. OptionC 1. The Town Clerk or his/her designate (the Clerk) shall post a notice on the Town website and in the local newspaper. The notice shall indicate Council's intention to appoint a person to the vacancy and outline the process any interested person must follow to become nominated. In addition, notice will be sent to any individual in the town who has requested notice. 2. No sooner than 7 days after a notice of vacancy has been given, an Information session shall be conducted by staff for potential nominees. 3. All nominees must complete and sign a Consent of Nominee form and a Statement of Qualification, which will be provided at the Information session. 4. The vote to fill the vacancy by appointment shall occur at a Council meeting following the information session. 5. At the meeting, the following shall take place: (a) The Chair shall make a short statement of the purpose of the meeting and the general order of proceedings to be followed. 3 CAO (b) The Clerk will provide to the Chair a list ofthe names of those nominees who have completed the Consent of Nominee and Statement of Qualification. (c) The Chair will call for a motion from Council in the following form: "THAT the following persons, who have signified in writing that they are legally qualified to hold the office of councillor and consented to accept the office if they are appointed to fill the vacancy of Mayor, be considered for appointment to fill such vacancy." (d) Each ofthe nominees shall be afforded the opportunity to address Council for a period of not more than five minutes. The order of speaking will be determined by lot. (The Clerk shall place the names of all nominees in a container and randomly draw the names.) (e) All nominees shall be asked the same three (3) questions which will be pre-determined based on input by Council. (f) Upon hearing all the submissions of the nominees, Council will proceed to vote as follows: i. Members of Council will vote by way of public vote. Councillors who are candidates will not be eligible to vote; ii. where the candidate receiving the greatest number of votes cast does not receive more than one-half the votes of all Members of Council, the nominee or nominees who received the fewest number of votes shall be excluded from the voting and the vote will be taken again by the Clerk and, if necessary, more than once, excluding in each successive vote the nominee or nominees who receive the fewest number of votes in the preceding vote, until the nominee receiving the greatest number of votes has also received more than one-half of the votes of the Members of Council present and voting; iii. where the votes cast are equal for all the nominees and if: 1. there are three or more candidates remaining, the Clerk shall by lot select one such nominee to be excluded from the subsequent voting; 2. only two nominees remain, the tie shall be broken and the vacancy shall be filled by the nominee selected by lot conducted by the Clerk; (g) Upon conclusion of the voting, the Clerk will declare to be elected the successful nominee. (h) A by-law confirming the appointment shall be enacted by Council appointing the successful nominee to the office for the remainder of the term of the present Council and an Oath of Office shall be given by the Town Clerk. FINANCIAL IMPACT/FUNDING SOURCE Costs to be accommodated in the current year operating budget. 4 CAO APPROVALS Author Name/Signature Donna Wilson DATE: April 25, 2014 Finance/Signature Darrell Eddington DATE: April , 2014 CAO Name/Signature David Calder DATE: April ,2014 5 CAO DECLARATION OF omcE (Section 232 of the Municipal Act, 2001) I, ---~·~~~m~L:::!a~m~b!=:._ ________ , having been elected or appointed to the office (name of person) of .Coqncillor ~or (name of office) iniliemurucip~cyof _______ T_h_e __ To_w_n __ o_f_T_i_l_l_s_on_b_u_r_g ______________________ _ (name of municipality) do solemnly promise and declare that: 1. I will truly, faithfully and impartially exercise this office to the best of my knowledge and ability. 2. I have not received and will not receive any payment or reward, or promise thereof, for the exercise of this office in a biased, corrupt or in any other improper manner. 3. I will disclose any pecuniary interest, direct or indirect, in accordance wiili ilie Municipal Conflict of Interest Act. 4. I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being). And I make iliis solemn promise and declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. Declared before me at the ...... IR~m .. .9.f. .. UJ..1.~.<?.r:t.9.t.A.r.9, ................ . in the County of Oxford the 1st day of December, on ................................................................... . Commissioner for taking Affidavits ) ) ) ) ) ) signature of declarant May7, 2014 Brenda Tabor, Clerk County of Oxford P.O. Box 1614,21 Reeve St. Woodstock, ON N4S 7Y3 Dear Ms. Tabor; The Corporation of the Town of Tillson burg RE: Clerk's Certificate as to Election/Appointment to UPPER-Tier Council-Form 1300 Please find enclosed the Clerk's Certificate, Form 1300 regarding the appointment of Mayor David Beres. Regards, Donna Wilson Town Clerk CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca @Municipal Wond•-Fonn 1300 CLERK'S CERTIFICATE Munlcfpal Act, 2001, c. 25, ss. 232 (3}, {4) •Reg. T.M. In canada, Municipal World Inc. )'tlcopy Fonn -PRESS FIRMLY (a) Nama of cllllk (b) Nama of lower-tier munlolpalily (o) Nameof upper-tier mun!olpalily (d) Nama of member (e) Address of member (f) Name of lowar-tler mun!olpallty AS TO ELECTION I APPOINTMENT TO l:JPPER-TIER COUNCIL I, (a) .• D.Cl.<\0-.~.WJJ~Rr:\ ........ of • -~~JL~~0-.~Ur.~ ................ , Clerk of the Corporation ofthe(b) .. : .. 1. . .OW~ .... a,f: .. ~ .ll . ..S..u.':\..b. r.~-....... . in the (c) .' .• C.V.v~~-Q:~ ..... Q .~h. '\.d .......... do hereby certify under my hand and the seal of the Corporation, that (d) •••.• D. 0. V. f.-. ; ... b ~ -(...S ........................ . of(e) .·J ... FrA.~.C.WA.'f' .. th~~-. J~.v.J.. -0"-~l.ls P-~~r.Cj1-0.t\J. .. V.lj_fT.-_ .5.~ was duly elected/appointed a member of the council of (f) ..... J. Qw.~ .. o:P.. T .\ l \-> ~':'.-kv.r.~ .... for the term of office commencing on ... f'(\~. ~I' _Q__ Q .1. 7-f .. , . . . . . and has made and subscribed the declaration of office and qualification as such member. Signature of clerk Thls form contains Information collected and maintained specifically for the purpose of creating a record available to the genemr public and may be Inspected by any person at the clerk's office. at a time when the office Is open. Municipal Elections Act, 1996, c. 32, Schedule, s. 88 (5). ORIGINAL-to be sent to upper-tier clerk COPY -to be retained by lower-tier clerk rJil~onbur0 a;luetobtdil~~ May 2, 2014 Brenda J. Tabor Clerk, County of Oxford P.O. Box 1614 21 Reeve Street Woodstock, ON, N4S 7Y3 The Corporation of the Town of Tillsonburg RE: MAYORAL APPOINTMENT-Dave Beres appointed Mayor for the Town of Tillson burg At the Tillson burg Town Council Meeting of May 2, 2014, Council passed the following resolution: "THAT Council, as required by subsection 263(1) of the Municipal Act, 2001, hereby appoints Dave Beres as Mayor for the Town of Tillsonburg for the remainder of the term of Council." The Corporation of the Town of Tillson burg By-Law 3817, to appoint a Mayor for the Town of Tillsonburg, confirmed Mayor Beres' appointed at the May 2, 2014 meeting. The appointment is effective immediately. As such, Mayor Beres will now be the Town of Tillson burg representative at County Council. If you have any questions, please do not hesitate to contact me at 519-688-3009 Ext. 3224. Regards, ~---=----­ Donna Wilson Town Clerk Page l of l J l::8 To: ~ Cc: LB Bee: Subject: I Bullet points forM ay 2 Senior member of Council first term in 1994 Working relationship with this present council and the current issues. Working relationship with town staff Working relationship with Community Center through a 5 year business connection Working relationship with local businesses through by my business. Personal relationsip with both our MP and MPP. Above all, a respectful relationsip working with members of Council and staff Aware of the obligations to the County council position and willing to represent the people of Tillsonburg in the Town's best interest. Know all of the County Councillors and many senior staff members Served 10 years with the Tillsonburg District Memorial Hospital 1998 to 2008 Served 4 years with the Police service board 2006 -2010 Volunteered and supported local fund raiser's for many years particularly those cancer related. ) Active member of the Tillsonburg Lions Club. Started when I was a teen. Self employeed with my own business here in Town for 30 plus years, where I am open to walk in's without an appointment. Easilly accessable by phone, BBM, Texting and email. I pride myself in prompt response. Have no intention at this time in Running for the Mayor Position in October 2014. However, will soon file for re-election in another position. During this intrim, I will be asking my fellow Councillors to share many of the mid week responsibilities and not do it all myself. This will take a little organizing. My entire career has been in Customer service both with my business and elected position. Tillsonburg is my home. The people here have always treated me well and I am passionate about my Community. This is an opportunity to give back in kind. I do not have a personal agenda and would like to see Council continue its good work and carry through until the end of the term. 5/2/2014 DECLARATION OF OFFICE (Section 232 of the Municipal Act, 2001) I, ____ _.;:;D'-=a::...:v-=e'-'B:::..e:.:r=-=e;.:;:;s ________ , having been elected or appointed to the office (name of person) of Ma or (name of office) in the mtmicipality of The Town of Tillsonburg (name of municipality) do solemnly promise and declare that: 1. I will truly, faithfully and impartially exercise this office to the best of my knowledge and ability. 2. I have not received and will not receive any payment or reward, or promise thereof, for the exercise of this office in a biased, conupt or in any other improper manner. 3. I will disclose any pecuniary interest, direct or indirect, in accordance with the Municipal Conflict of Interest Act. 4. I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or the THE CORPORATION OF THE TOWN OF TllLSONBURG BY-LAWNO. 3817 A BY -LAW to appoint a Mayor for the Town ofTillsonburg. WHEREAS a vacancy for the office of Mayor has been declared, as pursuant of the Municipal Act, 2001, S.O. 2001, Chapter 25, Section 262.(1); AND WHEREAS the Council of the Corporation of the Town ofTillsonburg deems it is necessary and expedient to appoint a Mayor for the Corporation of the Town ofTillsonburg; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT Dave Beres be hereby appointed as Mayor. 2. THAT this By-Law is passed pursuant to the Municipal Act, 2001 S.O. 2001, Chapter 25. 3. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 2nd day ofMay, 2014. Read a Third and Final Time and passed this 2nd day of May, 2014. Chair -Deputy Mayor Renaud THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3819 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 2nd day of May, 2014 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillson burg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillson burg at its special meeting and regular meeting held on May 2, 2014, with respectto every report, motion, by- law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillson burg. 4. This by-law shall come into full force and effect on the day of passing.