Body: Council Type: Agenda Meeting: Special Date: April 17, 2013 Collection: Council Agendas Municipality: Frontenac County
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Document Text
County Council – Public Meeting April 17, 2013 – 1:00 p.m. The Frontenac Room, 2069 Battersea Road, Glenburnie, ON
AGENDA PUBLIC MEETING HELD PURSUANT TO THE MUNICIPAL ACT The purpose of this public meeting is to provide general information regarding County Councils intent to pass a by-law that would change the term of office of Warden and Deputy Warden Page 1.
CALL TO ORDER
DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
REPORTS FROM THE CHIEF ADMINISTRATIVE OFFICER
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2013-073 Change in Term of Warden and Deputy Warden
PUBLIC QUESTION PERIOD
BY-LAWS – GENERAL BY-LAWS AND CONFIRMATORY BY-LAW
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By-Law No. 2013-0013 to Confirm Proceedings of Public Special Meeting
ADJOURNMENT
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AgendaItem#3a)
Report 2013-073 ADMINISTRATIVE REPORT To:
Warden and Council Members of the County of Frontenac
From:
Elizabeth Savill CAO
Prepared by:
Jannette Amini Deputy Clerk
Date prepared:
March 20, 2013
Date of meeting:
April 17, 2013
Re:
Administrative Services – Change in Term of Warden and Deputy Warden
Recommendation BE IT RESOLVED THAT Report 2013-073, Administrative Services – Change in Term of Warden and Deputy Warden be received as information; AND FURTHER THAT a By-law to amend Procedural By-law 2010-0028 to change the Term of Warden and Deputy Warden from a 4 year term to a 1 year term be prepared by staff for consideration at the May 15, 2013 County Council meeting.
Background At its regular meeting of December 19, 2012, County Council passed a resolution directing the CAO/Clerk to bring forward a by-law for consideration that would see the term of the Warden change from a four year term to one year only, effective immediately after the next general municipal election. The purpose of this public meeting is to provide information for purposes of conducting a public meeting under the Municipal Act respecting Notice provisions with respect to the change in composition of upper-tier Council.
Comment The following is a public hearing report to Frontenac County Council for an amendment to the County Procedural By-law. Section 5.1 of County of Frontenac By-law No. 2010-0028, being a By-law to Govern the Proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings states that the Term of Warden and Deputy Warden shall be 4 years. The proposed by-law amendment will see the term of the Warden and Deputy Warden Administrative Report Administrative Services – Change in Term of Warden and Deputy Warden April 17, 2013
2013-073 Change in Term of Warden and
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AgendaItem#3a)
change from a four year term to a one year term effective immediately after the next general municipal election. Section 218 (4) of the Municipal Act, 2001 states that an upper-tier municipality may change the term of office of an appointed head of council so long as the new term does not extend beyond the term of council. Further to this, Section 219 (1) of the Act mandates that prior to passing a by-law under Section 218, a municipality must hold at least one public meeting to consider the matter. The contents of this report are provided for information purposes for the Public Meeting. Following the Public Meeting, staff will prepare a by-law regarding the proposed changes to the County Procedural By-law for County Council’s consideration at its meeting in May. Notice Provisions Pursuant to the requirements of the Municipal Act, a notice of the statutory Public Meeting was provided by a “Notice of Public Meeting” being posted to the County of Frontenac website in accordance with Schedule “A” to By-law No. 2007-0040, Public Notice Minimum Requirements. A “Notice of Public Meeting” was also sent by regular mail to the Frontenac Townships of South, Central, North and Frontenac Islands requesting that it be posted to the Townships’ respective websites. At the time of the writing of this report, no inquiries or correspondence had been received. Any responses received will be addressed and included in the May 15th County Council Agenda for consideration by County Council. This report was made available to the public prior to the meeting.
Sustainability Implications Good governance is critical to the sustainability of a community. A Procedure By-law that provides the necessary framework to guide members of council fairly and courteously through meetings of council and committees aids good decision-making.
Financial Implications There are no cost implications directly associated with this report.
Organizations, Departments and Individuals Consulted and/or Affected Township of North Frontenac Township of Central Frontenac Township of South Frontenac Township of Frontenac Islands
Administrative Report Administrative Services – Change in Term of Warden and Deputy Warden April 17, 2013
2013-073 Change in Term of Warden and
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AgendaItem#5a)
BY-LAW NO. 2013-0013 OF THE CORPORATION OF THE COUNTY OF FRONTENAC being a by-law to confirm all actions and proceedings of County Council Public and Special Meeting for Procedure By-Law on April 17, 2013 WHEREAS Section 8 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; and; WHEREAS Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to Subsection 2 subject to certain provisions, and; WHEREAS Section 5 of the Municipal Act, S.O. 2001, c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise; and; WHEREAS the Council of the County of Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE COUNTY OF FRONTENAC hereby enacts as follows:
- THAT all actions and proceedings of the Council of the County of Frontenac Public and Special Meeting for Procedure By-Law taken at its regular meeting held on April 17, 2013 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
- THAT all actions and proceedings of the Council of the County of Frontenac Public and Special Meeting for Procedure By-Law taken at its regular meeting held on April 17, 2013 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
- THAT all actions and proceedings of the Council of the Corporation of the County of Frontenac Public and Special Meeting for Procedure By-Law taken at its regular meeting held on April 17, 2013 except those taken by by-law and those required by by-law to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
- THAT this by-law shall come into force and take effect as of the final passing thereof.
By-law No. 2013-0013 – To confirm all actions and proceedings of County Council Public and Special Meeting for Procedure By-Law on April 17, 2013 Page 1 of 2
By-Law No. 2013-0013 to Confirm Proceedings of Public Special
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Read a First and Second Time this 17th day of April, 2013. Read a Third Time and Finally Passed, Signed and Sealed this 17th day of April, 2013.
THE CORPORATION OF THE COUNTY OF FRONTENAC
Janet Gutowski, Warden
K. Elizabeth Savill, Clerk
By-law No. 2013-0013 – To confirm all actions and proceedings of County Council Public and Special Meeting for Procedure By-Law on April 17, 2013 Page 2 of 2
By-Law No. 2013-0013 to Confirm Proceedings of Public Special
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