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Council
December 16, 2019
What was decided (14 motions)
12 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.
Dunsmore. THAT the Council of the Township of Centre Wellington adopt the 2020 budget, as amended.
Moved by Councillor Ian MacRae, seconded by Councillor Neil
Carried
MacRae. THAT the Council of the Township of Centre Wellington allocate $55K of the OLG Cultural, Heritage and Arts fund to the Fergus Scottish Festival and $55K to the Elora Centre for the Arts; AND FURTHER that the remaining funds be allocated as set out in the draft budget.
Moved by Councillor Neil Dunsmore, seconded by Councillor Ian
Carried
Dunsmore. THAT the Council of the Township of Centre Wellington pass a By-law to establish temporary borrowing for 2020.
Moved by Councillor Steven VanLeeuwen, seconded by Councillor Neil
Carried
VanLeeuwen. THAT the Council of the Township of Centre Wellington pass a By-law to provide for an Interim Tax Levy for 2020 and to provide for the payment of taxes by installments.
Moved by Councillor Neil Dunsmore, seconded by Councillor Steven
Carried
Foster. THAT the Council of the Township of Centre Wellington authorizes the Mayor and Clerk to execute a by-law to provide for the maintenance and repair to the Birkholz Drainage Works and for the borrowing on the credit of the municipality for the amount required for such work.
Moved by Councillor Kirk McElwain, seconded by Councillor Bob
Carried
MacRae. THAT the Council of the Township of Centre Wellington receive for information the Wellington County & Member Municipalities Service Review Final Report from KPMG dated November 28, 2019; AND FURTHER THAT Council supports the participation and Page 4 of 12 Council Minutes December 16, 2019 collaboration of Township staff with the County of Wellington and the Member Municipalities with respect to the implementation of the efficiency initiatives. AND FURTHER THAT Council support the submission of a Multi-party Expression of Interest (EOI) for the proposed 3rd party IT Service Delivery review project for the Township of Wellington North, Town of Minto, Township of Mapleton, Township of Puslinch, Guelph Eramosa Township, The Township of Centre Wellington, and Wellington County.
Moved by Councillor Neil Dunsmore, seconded by Councillor Ian
Carried
MacRae. THAT the Council of the Township of Centre Wellington appoint Fernando Marin to the Committee of Adjustment; AND THAT the Mayor and Clerk be authorized to execute a by-law appointing the member to the Committee of Adjustment.
Moved by Councillor Neil Dunsmore, seconded by Councillor Ian
Carried
THAT the Council of the Township of Centre Wellington adopt a by-law to restrict the weight of vehicles passing over certain bridges in the Township of Centre Wellington.
Moved by Councillor Ian MacRae, seconded by Councillor Bob Foster
Carried
THAT the Council of the Township of Centre Wellington endorse Preferred Alternative No. 3 - Replace Existing Bridge for the Bridge 24- WG and Bridge 4-WG Class Environmental Assessment as outlined in Report No. IS2019-36; AND THAT Council directs staff to publish the Notice of Study Completion for the Class Environmental Assessment in accordance with the requirements under the Environmental Assessment Act.
Moved by Councillor Bob Foster, seconded by Councillor Ian MacRae
Carried
Kitras. THAT consideration of By-law 2019-71, a by-law to adopt the estimates for the Corporation of The Township of Centre Wellington for the Year 2020, be referred to Committee for further discussion.
Moved by Councillor Bob Foster, seconded by Councillor Stephen
Defeated
Dunsmore. Page 7 of 12 Council Minutes December 16, 2019 THAT the Council of the Township of Centre Wellington waive the notice provisions in accordance with Section 16 of the Township’s Procedural By-law in order to consider the proposed resolution put forth by Councillor Stephen Kitras.
Moved by Councillor Steven VanLeeuwen, seconded by Councillor Neil
Carried
VanLeeuwen. WHEREAS, pursuant to Section 229 of the Municipal Act, the Chief Executive Officer (hereinafter in these recitals “the CAO”) is responsible for exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality and performing such other duties as are assigned by the municipality; AND WHEREAS, municipal administration, through the CAO, must ensure that Council receives unbiased, professional advice and information that is sufficient and complete to ensure that the Council makes informed policy decisions; AND WHEREAS, the courts have determined that a CAO owes a fiduciary duty to the municipality to ensure that municipal council is provided with complete information that would be sufficient for Council to make an informed decision; AND WHEREAS, Bill 68, the Modernizing Ontario's Municipal Legislation Act, 2017, received Royal Assent on May 30, 2017 and made Codes of Conduct for Members of Council mandatory and made changes to the local accountability and transparency framework; AND WHEREAS, on recommendation through the CAO and by unanimous decision on 30 October 2017, the Council of the Township of Centre Wellington passed the Code of Conduct for Members of Council setting out, amongst other things, the following key principles underlying the intent of this Code of Conduct: a. Members of Council must be committed to performing their duties Page 8 of 12 Council Minutes De
Moved by Mayor Kelly Linton, seconded by Councillor Steven
Defeated
WHEREAS the Council of the Township of Centre Wellington has already approved and implemented an annual performance evaluation for the Chief Administrative Office, and this evaluation process includes input from all Members of Council; AND WHEREAS page 4 of the Code of Conduct for Members of Council requires Members of Council to “be respectful of the role of staff to provide advice based on their independent and professional expertise”; NOW THEREFORE BE IT RESOLVED that for the remainder of this term of Council, a Councillor motion that refers to the performance of the Chief Administrative Officer will not be considered because such a motion is not an appropriate mechanism to address CAO performance; NOW LET IT FURTHER BE RESOLVED that a Councillor motion will not be considered if it does not demonstrate respect for the independence and/or professional expertise of the Chief Administrative Officer or any other Township staff.
Moved by Mayor Kelly Linton, seconded by Councillor Neil Dunsmore
Carried
VanLeeuwen. THAT By-law 2019-75 to Confirm the Proceeding of Council at its meeting held December 16, 2019 be introduced a first, second and third time and passed in open Council.
Moved by Councillor Neil Dunsmore, seconded by Councillor Steven