Seguin Council December 11, 2017 eAgenda
Robert Carreau, Head of School, Rosseau Lake College(RLC) …
To speak to Council on RLC’s current activities and future developments.
Robert Carreau “Having taken over as the new Head of School at Rosseau Lake College in August, I hope to present a general update to Council on current activities and future
developments at the school, as well as to meet councillors and Township staff. I also
hope to get a sense of Seguin’s key plans and priorities in the short and longer term, in
order to explore ways that RLC might most effectively contribute to the wellbeing of the
Seguin Township’s Financial Update to November 23, 2017
From Michele C. Fraser, BA, MBA, CPA, CA Chief Financial Officer and Treasurer
“HIGHLIGHTS – We are currently forecasting a surplus of just under $178,000, up from just over $98,000, in October. Once again, the main cause of the change is due to revenues, specifically Building Permit Fees and Scrap Metal Sales. At the end of October, the Building Department was projecting that permit revenues would miss the annual budget by almost $17,000. Since then, even more unexpected large projects have come in, and fees have already surpassed the 2017 budget of $310,000. The Public Works department was also able to obtain a good price for the large amount of scrap metal stockpiled at the landfill site in Orrville, bringing in an extra $26,000.
CAPITAL and RESERVES – Actual Capital expenditures on a project basis within each functional area are included with this month’s report. (see eAgenda page 49/451) Currently, all projects are on budget, including the additional $42,000 of
Contingency funding that was previously allocated to the Rosseau Memorial Hall Accessibility Project.
Activity in the Reserves and Reserve Funds has been minimal, consisting of some SRA/CRA sales and Cash in Lieu of Parkland, and interest income. A summary of the projected year end position of all Reserves and Reserve Funds has been included with this report. CONTINGENCY – As per Council direction, up to $42,000 of the Contingency Fund has been allocated to the Rosseau Memorial Hall project. The balance of $58,000 in the Contingency Fund has not been included in the projected surplus.
Restricted Acts of Council (‘Lame Duck’ Periods’)
New Legislation implications and municipal election 2018 timelines
From Clerk Craig Jeffery Report No: AD-2017-021
“Council will receive Staff Report No. AD-2017-021, Restricted Acts of Council
(‘Lame Duck’ Periods) and it is recommended that Council adopt the following amended Township of Seguin Policies: Hiring Procedure, Policy No. B-1.1, Internal Hiring, Policy No. B-1.2 and, Termination, Policy No. B-4.3. Schedule “A to D” to Staff Report No. AD-2017-021
See page 68/451 for Specified Policies at the link above.
Background & Analysis:
Bill 181, the Municipal Elections Modernization Act, 2016 (MEMA) received third
reading and Royal Assent on June 9, 2016. Another piece of legislation, Bill 68,
Modernizing Ontario’s Municipal Legislation Act, 2017 received third reading and
Royal Assent on May 30, 2017. Both of these pieces of legislation include numerous amendments to the municipal election process. This report specifically addresses what is commonly known as the ‘Lame Duck’ periods for Council during the election process.
Potential ‘Lame Duck’ Periods
A specific change to the Municipal Elections Act through Bill 181 impacts the change
in the commencement of the Nomination Period for candidates for the 2018
Municipal Election. The Nomination Period used to commence on January 1 of an
election year. Under the new legislation that has changed to May 1 of an election
year. The Nomination Day (deadline) has also been changed from previously the second Friday in September in an election year to the fourth Friday in July of an election year. Therefore Nomination Day for the 2018 Municipal Election is July 27, 2018.
Bill 68, Modernizing Ontario’s Municipal Legislation Act, 2017 implements a change
to the term of office of Council. This amendment provides a new start date for a
new term of Council from December 1 following the regular election, to a new date
of November 15. This amendment was implemented to shorten the potential ‘Lame Duck’ period between when the existing Council is still sitting and the new Council takes office.
However, for the 2018 Municipal Election the amendment includes a transitional rule under Section 6.(1.1) of the Act which keeps the start date for the 2018 Council term to begin on December 1, 2018 and the next Municipal Election in 2022 will start on November 15, thus shortening the Lame Duck’ period for the next Municipal Election.
In summary of the above information, the 2018 Municipal Election could have a longer ‘Lame Duck Period’ than in the past, the period from close of nominations on July 27, 2018 to the beginning of the term of the new Council on December 1, 2018.
The determination of whether a Municipal Council is in a restricted position pursuant
to section 275 of the Municipal Act, 2001, also known as a ‘Lame Duck’ Council occurs twice during the Municipal Election process.
a) Between July 27, 2018 (Nomination Day) to October 22, 2018 (Voting Day) – The determination shall be based on the 2018 Candidates election nominations that have been certified by the Municipal Clerk on July 27, 2018. If less than 3/4 of the existing Council Members are not running for Municipal Council, the restrictions set out in the Municipal Act, 2001, will apply; and
b) Between October 22, 2018 (Voting Day) to November 30, 2018 – The election results are declared by the Municipal Clerk shortly after the municipal election. If the elections result in less than 3/4 of the incumbent Council Members returning to Council, the restrictions set out in the Municipal Act, 2001, will apply.
For a Council comprised of 7 members the number is 6. (3/4 of 7 is 5.25 therefore becomes 6).
The following is a brief summary of the provisions as provided pursuant to Section 275 of the Municipal Act, 2001, Restricted Acts Provision: Restrictions on a ‘Lame Duck’ Council
If a Council is in a ‘Lame Duck’ position, the Council shall not take on the following actions:
a) The appointment or removal from office of any officer of the municipality;
b) The hiring or dismissal of any employee of the municipality;
c) The disposition of any real or personal property of the municipality which
has a value exceeding $50,000 at the time of disposal; and
d) Making any expenditures or incurring any other liability which exceeds
Best wishes for the Holiday Season from Jack and Gail
A summary of the December 11th Seguin Council Meeting will be posted below.