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HomeMy WebLinkAbout10/31/2014 Special Council Agenda Notice of Special Meeting Date: Friday, October 31, 2014 Time: 9:30 AM Place: Council Chambers The purpose of the meeting is to consider a motion to request a recount of the Municipal Election results for the Office of Regional Councillor Wards 1 and 2 for Candidates Joe Neal and Mary Novak and to consider a request for a fireworks display in conjunction with the Newcastle Santa Claus Parade being held on Sunday, November 16, 2014. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-3330 Special Council Agenda Date: Friday, October 31, 2014 Time: 9:30 AM Place: Council Chambers The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation /presentation to a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. In addition, please be advised that some of the Council meetings may also be video recorded. Meeting Called to Order Disclosure of Pecuniary Interest Correspondence for Direction D -1 Newcastle Santa Claus Parade Committee requesting permission to hold a fireworks display on Sunday, November 16, 2014, in conjunction with the Newcastle Santa Claus Parade. Motion to approve fireworks display providing the organizers apply for and obtain a Fireworks Permit from the Municipal Clerk's Department Staff Report(s) 1. Report CLD- 027 -14 2014 Municipal Elections --- Close Vote — Office of Regional Councillor Wards 1 & 2 Confirming By -Law Adjournment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L'IC 3A6 T (905)623 -3379 F (905)623 -3330 Clerk's Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 -523 -3379 ext. 2102. Report To: Council Date of Meeting: October 31, 2014 Report Number: File Number Report Subject: CLD- 027 -14 C07.RE By -law Number: NIA 2014 Municipal Elections -- Close Vote — Office of Regional Councillor Wards 1 & 2 Recommendations: a) That Report CLD- 027 -14 be received for information; •' b) That Report CLD - 027 -14 be received, c) That, in accordance with the Municipal Elections Act, 1996, a recount be conducted for votes cast during the 2014 Municipal Elections held in Clarington, for the Office of Regional Councillor Wards 1 & 2 for the candidates Joe Neal and Mary Novak; and d) That the Municipal Clerk advise all interested parties of Council's decision. Municipality of Clarington Report CLD- 027-14 Report Overview Paae 2 The declared results for the Office of Regional Councillor Wards 1 & 2 for the Clarington Municipal Elections held on October 27, 2014 resulted in Joe Neal receiving 3962 votes and Mary Novak receiving 3959 votes. The Clerk's Office has received a number of enquiries regarding the rules and procedures as they relate to a recount. Council may exercise its right and resolve to require a recount. A required recount shall be conducted by the Municipal Clerk in the same manner as the original count. 1. Background As Municipal Clerk, I serve as Returning Officer for the Municipality of Clarington for municipal elections held in Clarington in accordance with the Municipal Elections Act, 1996. In my capacity of Clerk /Returning Officer, I have several duties and responsibilities, including ensuring that our candidates and electors are informed of the various election related activities including significant dates, voting opportunities, voting processes, and reporting obligations. Since the unofficial results were posted on October 27, 2014, 1 have received a number of inquiries regarding the close vote between candidates Joe Neal and Mary Novak, and more specifically regarding recount rules and processes. This Report is prepared to provide Council with a summary of the rules regarding recounts as set out in the Act In Section 56(1) of the Municipal Elections Act, 1996 (the Act) provides for a mandatory recount for a tied vote in a Municipal Election. Section 57(1) of the Act provides that Council may pass a resolution requiring a recount of the votes cast for all or specified candidates for an office on the Council. The declared results for the Office of Regional Councillor Wards 1 & 2 for the Clarington Municipal Elections held on October 27, 2014 resulted in Joe Neal receiving 3962 votes and Mary Novak receiving 3959 votes. Should Council wish to exercise its rights to request a recount in accordance with Section 57(1) of the Act, the recount shall be conducted, as per Section 60 of the Act, using the vote tabulators that were used to count ballots in the election. Should Council pass a resolution to require a recount, the Municipal Clerk shall conduct the recount within 15 days of the Council resolution, and a notice of recount will be provided to the candidates. Municipality of Clarington Report CLD- 027 -14 Page 3 2. Concurrence Not applicable. 3. Conclusion The votes cast in Clarington`s 2014 Municipal Elections, for candidates Joe Neal and Mary Novak were separated by three votes. Section 57(1) of the Municipal Elections Act, 1996 grants Council the authority to require the Clerk to conduct a recount of the votes cast. 4. Strategic Plan Application Not applicable. Submitted by Municipal LlerK n ewed by: Franklin Wu, Chief Administrative Officer Staff Contact: Anne Greentree, 905 -623 -3379 ext. 2102 or agreentree @clarington.net Attachments: None The following is a list of the interested parties to be notified of Council's decision: Joe Neal Mary Novak Jim Abernethy Deb Bowen, Regional Clerk /Director of Legislative Services, Regional Municipality of Durham CAG