[All] RE; Need bums in seats at Kitchener City Council

[Susan Koswan]

Hi Yvonne etal,

Daphne had mentioned something about a lame duck council - since Kitchener
is going from 6 to 10 seats plus mayor, and the only incumbents that are
running again are Berry Vrbanovic, Kelly Galloway, John Gazzola and Carl
Zehr, isn't that less than 75% of the new council? And wouldn't allowing a
gas bar on a recharge area, WHEN (not if!) the gas tank leaks be worth way
more than $50,000 in liability?

 

Any opinions?

 

Susan K

 

http://www.mwmagazine.net/files/dean.pdf

 

When does a council

become lame duck?

A council can become lame duck in

one or both of two separate time periods:

the period from nomination day to

election day; and then from election day

to the end of the term. Thus, a clerk

should do an analysis after each of these

dates. In 2003, the

review should be

done at the end of

September 29,

rather than on nomination

day, thereby allowing for candidate

withdrawals.

The test for this first time period is

whether the new council "will include

less than three-quarters of the members

of the outgoing council." The use of the

word "will" suggests that there is a determination

that the council will with certainty

have less than 75 percent of the

members of the old council - not that it

"may" have less.

 

Once the determination has been

made with certainty that the council is

lame duck for either or both time

frames, then the four restrictions in subsection

275 (3) will apply. These are:

(a) the appointment or removal

from office of any officer;

(b) the hiring or dismissal of

any employee;

(c) the disposition of municipal

property that had a value in

excess of $50,000 when it

was acquired by the municipality;

and

(d) making any expenditure or

incur any liability that exceeds

$50,000.

 

From: all-bounces at gren.ca [mailto:all-bounces at gren.ca] On Behalf Of Yvonne
Fernandes
Sent: September-19-10 11:07 PM
To: GREN2
Subject: [All] RE; Need bums in seats at Kitchener City Council

 


Hi Everyone,
I apologize for the late hour of this email but I think I need some help
from as many people as possible.
Tomorrow night the City of Kitchener plans on accepting a rezoning
application from Hallman Developments to place a gas bar/car wash in very
close proximity to Muncipal wells! It will also be less than 500 metres from
Strasburg Creek a cold water creek that the City is presently spending close
to $2M rehabilating after developers impacted it with their deveopment. 
The residents of the area have banded together with letters to council,
petitions and one resident in particular has been talking to everyone she
can. I have been involved and spoke out last week against this project but
Council said that they will accept the rezoning application because the
orginal zoning application was dated 1987 and to keep the orginal zoning
would possibly mean that they(developer) could place a gas station  ( more
dangerous because of the need for hydrolic machinery and increased use of
oil.) instead of a gas bar.
The reality is that the Region reluctantly ( according to Don Corbett)
agreed to this application because they are concerned with the developer
taking this issue to the OMB!  The agreement stated that the developer must
consider an above ground storage tank to help reduce the possiblity of a
spill. 
But we all know that no matter where the storage tank is placed, human error
may cause a spill to occur.
The other issue that is very disconcerning is the fact that the residents
have not been properly notified  and staff are scrambling to cover up the
fact that quite possibly they did not send out the notices nor was there
every a sign posted to inform the public about the zone change.( Citizen
working on this issue received an email at 4:30pm from a staff member!)
 
This has been a very long explaination to the issue. I unfortunately will
not be able to be there as we need to take some family to Toronto at that
time.
If you are able to take some time from your already busy schedule to help
fill the council chambers/gallery I would grealy appreciate it!
See you all on the 29!

  

             Yvonne Fernandes
<http://gfx2.hotmail.com/mail/w3/ltr/emoticons/rose.gif>                    

"Never doubt that a small group of thoughtful,committed people can change
the world, indeed it's the only thing that ever has." Margaret Mead

 

 

 

 

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