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HomeMy WebLinkAboutNovember 21, 2012 - Special Council COUNCIL MINUTES SPECIAL MEETING THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Wednesday, November 21, 2012 7:00 p.m. Council Chambers The special meeting of Council of the Municipality of Bayham was held on Thursday,November 21, 2012 in the Council Chambers. Present were Mayor Paul Ens, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. There were several members of the public present. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 3. ADMINISTRATION Mayor Paul Ens welcomed everyone to the meeting. He advised that the there had been no resolve to filling the position of Deputy Mayor, left vacant by the resignation of Mark Taylor, at the regular meeting held November 15th. He added that he didn't want the decision deferred for another three weeks and that it is necessary for Council to work together to resolve the matter as soon as possible. Mayor Ens presented a review of discussion regarding the two options, to fill the position by the appointment of an eligible elector, or the holding of a by-election. He noted that petitions signed by local residents in support of each option had been presented by delegations at the previous meeting. Discussion had resulted in the defeat of a motion to determine by appointment, due to a tie vote, and the inability to have a seconder for a motion to hold a by- election. Members indicated that his review was accurate. The Mayor also noted that if the vacancy is not filled, consideration needs to be given to appointment of an interim Acting Deputy Mayor for signing authority should the Mayor be unavailable or ill. He added that the deadlock has caused unrest and dissention within Council and in the public and encouraged Council members to think and act on the whole to resolve the issue. In order to discuss his proposal the Mayor vacated the chair and following declines by Councillors Casier and Ketchabaw, Councillor Southwick assumed the chair. Page 1 of 4 Council Special Meeting Minutes November 21, 2012 (a) Discussion regarding "Vacant Council Position". Mayor Ens noted that the petition to fill the position by appointment had been signed by 260 persons, of which only six were from the south end of the Municipality. He added that the intent of this petition is clearly to forego the cost of a by-election. The other petition, to hold a by-election, was signed by 100 persons predominately from the south end. The Mayor suggested that to appoint someone, that person should be a candidate that has demonstrated support across the whole municipality,based on previous elections; should have previous municipal experience and the ability to take over the Mayor's role, if necessary. Such an appointment would provide a quick resolve,reduce tension among residents and lessen the division. The Mayor acknowledged that the person he is about to nominate, Lynn Acre who has held the position of both Deputy and Mayor, is willing to fill the position by either appointment or through a by-election. It was noted that there were three other candidates in the 2010 election, of which two are still eligible. Councillors Casier and Ketchabaw indicated that they wish to talk to constituents regarding the proposal and may consider support later. Councillor Ketchabaw requested an amendment to reflect that he objected to the acting chairman seconding the motion to appoint Lynn Acre to the position of Deputy Mayor pursuant to the municipal procedural by-law. Mayor Ens requested a recorded vote on the following resolution. 2012-568 Moved by Mayor Ens Seconded by Councillor Southwick "THAT Lynn Acre be appointed to the position of Deputy Mayor." In Favour Opposed Councillor Casier X Mayor Ens X Councillor Ketchabaw X Councillor Southwick X Motion Defeated on a vote of 3 to 1 opposed The Administrator noted that a defeated resolution could be brought back for re- consideration by a member previously opposed to the motion. He added that if the matter is not resolved in the 60 days, Council will be in non- compliance to the Municipal Act which may result in legal challenges. Page 2 of 4 Council Special Meeting Minutes November 21, 2012 (b) Discussion regarding "Temporary Auxiliary Signing Authority/Responsibilities". The Administrator noted that, should filling of the position of Deputy Mayor be delayed, it is appropriate that a Council member be appointed in the interim as Acting Deputy Mayor for such purposes as in the case of an emergency or as a cheque signing authority in the absence of the Mayor. 2012-569 Moved by Councillor Southwick Seconded by Councillor Ketchabaw "THAT Wayne Casier be appointed and authorized as a temporary signing officer of the Municipality until such time as the vacant Deputy Mayor position is filled." CARRIED UNANIMOUSLY 4. BY-LAWS (a) By-Law 2012-121 A By-Law to appoint an acting Deputy Mayor 2012-570 Moved by Councillor Ketchabaw Seconded by Councillor Southwick "THAT By-Law 2012-121,being a by-law to appoint an acting Deputy Mayor be added to the agenda; AND THAT By-law 2012-121 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (b) By-Law 2012-119 A By-Law to confirm all actions of Council. 2012-571 Moved by Councillor Casier Seconded by Councillor Southwick "THAT confirming By-Law 2012-119 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY Page 3 of 4 Council Special Meeting Minutes November 21, 2012 5. ADJOURNMENT (a) Adjournment 2012-572 Moved by Councillor Southwick Seconded by Councillor Casier "THAT the Council meeting be adjourned at 7:40 p.m." CARRIED UNANIMOUSLY MA OR -t2" CLhtuc Page 4 of 4