MINUTES - Special Council - 19980505
TOWN OF AURORA
SPECIAL COUNCIL MEETING
NO. 17-98
Council Chambers
Aurora Town Hall
Tuesday, May 5, 1998
7:30 p.m.
ATTENDANCE
COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith,
Hartwell, Healy (7:32), Hinder, Hogg, McKenzie,
Morris, and West.
STAFF MEMBERS Chief Administrative Officer, Director of Corporate
Services, Director of Planning, Director of Building
Administration, Director of Leisure Services, Fire
Chief, Treasurer, Manager of Engineering Services,
Town Labour Solicitor, and Administrative
Coordinator/Acting Deputy Clerk.
DECLARATIONS OF INTEREST
There were no declarations of interest under the Municipal Conflict of Interest Act.
APPROVAL OF AGENDA
#275. Moved by Councillor Griffith Seconded by Councillor McKenzie
THAT the content of the Agenda be approved as outlined herein with the
following additions:
• Delegation requests from Edith Baedorff, Al Wilson, George
Gonsalves, Raymond Nicolini, and Ron Wallace re: Chief
Administrative Officer Bonus Compensation;
• Correspondence from John Nimmo, Hopedale Farms Ltd. re: Chief
Administrative Officer Bonus Compensation and Templeman
Menninga Kort Sullivan & Fairbrother, Barristers & Solicitors re:
Town of Aurora Employment Matters; and
• Correspondence from Alan Tonks, Moderator, Greater Toronto
Services Board re: Forums on Representation and Role on the
Proposed Greater Toronto Services Board.
CARRIED
#276. Moved by Councillor Hogg Seconded by Councillor Morris
M I N U T E S
Aurora Special Council Minutes No. 17-98 Page 2
Tuesday, May 5, 1998
THAT the Delegations and items regarding the matter of the Chief
Administrative Officer Bonus Compensation under the Resolutions Section
be brought forward in the Agenda.
WITHDRAWAL: The motion was withdrawn with the consent of the mover and
seconder.
PRESENTATIONS
Memorandum from Mayor Jones re:
York Region Water Allocation to the Town of Aurora
Mr. Bill Fisch, Regional Chair, York Region introduced Mr. Alan Wells, Chief
Administrative Officer and Mr. Kees Schipper Commissioner, Transportation and Works
who were in attendance and Mr. Bruce Macgregor, Director, Water and Wastewater,
Transportation and Works who would be making the presentation this evening regarding
York Region Water Allocation to the Town of Aurora. Mr. Fisch advised that Regional
Council would be considering a report on water servicing that would include the issues
and concerns raised by the Town of Aurora as part of the discussion at the Council
Meeting held on March 25, 1998 and provided assurance that the same would be
addressed.
Mr. Bruce Macgregor, Director, Water and Wastewater, Transportation and Works
provided a visual presentation regarding Water Servicing Issues for the communities of
Aurora, East Gwillimbury, and Newmarket and filed a copy of the handout for Council's
consideration with the Clerk. The presentation was in follow up to the Region of York's
last presentation at the Council Meeting held on March 25, 1998 regarding Regional
Water Supply for Aurora and Newmarket and the proposed Long Term Water Strategy
to 2031. Mr. Macgregor outlined the Supply Philosophy for York Region relative to
Aurora and the surrounding communities. The groundwater source was intended as the
primary supply for rural communities with a surface supply supplement for urban areas.
A map illustrating the location of the Yonge Street Aquifer from the south end to the
north end of the communities was provided. It was indicated that 20 municipal wells
were developed that produce 350 to 1,200 gallons per minute. A sketch was also
explained showing how draw down of the aquifer occurs and the overall cumulative
impact on the wells. Mr. Macgregor reviewed the average day water demand within the
existing serviced communities and with the new community of Queensville included. He
noted the influences on the infrastructure and that expansion of the system was
required to accommodate future growth with or without Queensville and that the
additional water supply was expected to come from Lake Ontario to supplement the
existing groundwater source. A 10 year plan for capital projects for expenditures for
water and sewage works was presented which included acceleration of timing for the
Wellington Street Watermain and other projects of benefit to Aurora. The Director
identified the benefits to Aurora overall of the water servicing proposed and the need to
retain the groundwater supply and the work to be done on this matter.
The Mayor thanked York Region for their presentation and noted the significance of
getting water out to Highway 404 for future growth. At this point in the meeting Council
asked for the information regarding the detailed analysis outlining the makeup of the
existing groundwater and supply from Lake Ontario as previously requested at the
General Committee Meeting of April 16, 1998 and further expressed concerns as to the
quality and content of the water supply from Lake Ontario.
#277. Moved by Councillor Griffith Seconded by Councillor Morris
THAT the Presentation by York Region be received and deferred for
consideration at the next Council Meeting to be held on May 13, 1998.
Aurora Special Council Minutes No. 17-98 Page 3
Tuesday, May 5, 1998
CARRIED
DELEGATIONS
Jerzy Sapieha re: Chief Administrative Officer Bonus Compensation
Mr. Jerzy Sapieha spoke regarding his concerns in how the bonus to the Chief
Administrative Officer was handled and indicated his opposition in response to a
number of local newspaper articles that he referenced on the matter. Mr. Sapieha
provided comments and had a number of questions including decision making in open
meetings, approval process, legislative authority, criteria for payment, job
compensation, and the need for a public inquiry on the matter.
At this point in the meeting the Mayor recognized the Town's Labour Solicitor who was
in attendance and available to address any questions or concerns of Members of
Council on the matter.
Edith Baedorff re: Chief Administrative Officer Bonus Compensation
Ms. Edith Baedorff spoke regarding the bonus to the Chief Administrative Officer and
asked questions pertaining to the timing for the matter to become public, the form of
payment of the cheques issued to the two businesses, and the method that the bonus
was awarded. She filed a copy of her correspondence on the matter with the Clerk.
Al Wilson re: Chief Administrative Officer Bonus Compensation
Mr. Al Wilson spoke regarding the bonus to the Chief Administrative Officer, the manner
in which this was handled and how the issue was escalated as part of the reported local
media newspaper articles that followed on the matter. He explained that in his opinion
the issue was not about the bonus but instead how public trust and confidence had
been broken which had resulted in a small crack in this trust. Mr. Wilson asked Council
to think more about the processes that led up to the matter and noted the lack of a
policy in determining the criteria for awarding a bonus and that the 1998 budget was not
approved. Mr. Wilson suggested that the payment for the bonus should be returned as
this was the honorable thing to do in the absence of a policy. He further commented
that there has not been an apology to the taxpayer on this issue.
George Gonsalves re: Chief Administrative Officer Bonus Compensation
Mr. George Gonsalves spoke in support of the bonus to the Chief Administrative Officer
and requested that Council approve and endorse the payment. He recognized the
attributes and efforts of the Chief Administrative Officer and the good that he has done
for the community. Mr. Gonsalves praised the Chief Administrative Officer for his
professionalism, commitment, and dedication to the citizens of Aurora. He filed a copy
of his correspondence on the matter with the Clerk.
Raymond Nicolini re: Chief Administrative Officer Bonus Compensation
Mr. Raymond Nicolini spoke regarding his concerns in how the bonus to the Chief
Administrative Officer was handled and suggested that further clarification was required
on the matter. He provided comments that in his opinion Council should not approve
the bonus and establish a policy and the people's right to decide on the issue.
Ron Wallace re: Chief Administrative Officer Bonus Compensation
Mr. Ron Wallace spoke in support of the bonus paid to the Chief Administrative Officer
and presented the analogy of being a shareholder in the Corporation (the Town of
Aurora) for the past 30 years and that he has a say at how the Board of Directors
should deal with the matter through the election process. Mr. Wallace identified the
goals of preserving the Town of Aurora's past and protecting the future and that the
Chief Administrative Officer has continued to prove himself in this regard day after day
with the Corporation. He noted that the value of the exemplary service by the Chief
Administrative Officer is worth substantially more than the bonus and that this is an
investment. The giving a bonus should not a problem as the Corporation is getting
more than asked for, and approval of the bonus should not be required by the
Aurora Special Council Minutes No. 17-98 Page 4
Tuesday, May 5, 1998
shareholders. Mr. Wallace observed that overall the Town of Aurora is in very good
shape and that it not be ruined through the minimal additional cost of the bonus on a per
person basis.
#278. Moved by Councillor Morris Seconded by Councillor Hartwell
THAT the comments of the delegates regarding the matter of the Chief
Administrative Officer Bonus Compensation be received.
CARRIED
CORRESPONDENCE
At this point in the meeting Council dealt with all the items of correspondence regarding
the Greater Toronto Services Board.
GTA Mayors Discussion Paper –
Role of the Greater Toronto Services Board; and
Alan Tonks, Moderator, Greater Toronto Services Board
re: Proposed GTSB Draft Legislation; and
Township of King re: GTSB Comments
(as revised at the Special Council Meeting of April 23, 1998); and
Town of Markham re: Town of Markham Comments on
the Proposed Greater Toronto Services Board Act
#279. Moved by Councillor Hartwell Seconded by Councillor Healy
THAT the Council of the Town of Aurora endorse the Greater Toronto
Area (GTA) Mayors Discussion Paper as an Alternative GTSB Proposal
that would strengthen the role of the Greater Toronto Services Board
(GTSB).
On a recorded vote, the resolution was CARRIED
YEAS: 8 NAY: 1
VOTING YEA: Councillors Griffith, Hartwell, Healy, Hinder, Hogg, McKenzie,
Morris and Mayor Jones.
VOTING NAY: Councillor West.
Aurora Special Council Minutes No. 17-98 Page 5
Tuesday, May 5, 1998
Alan Tonks, Moderator, Greater Toronto Services Board re:
Forums on Representation and Role on the Proposed GTSB
#280. Moved by Councillor Griffith Seconded by Councillor Hartwell
THAT the correspondence be received.
CARRIED
John Nimmo, Hopedale Farms Ltd. re:
Chief Administrative Officer Bonus Compensation
#281. Moved by Councillor West Seconded by Councillor Hinder
THAT the correspondence be received.
CARRIED
RESOLUTIONS
Memorandum from Mayor Jones re:
Chief Administrative Officer Bonus Compensation; and
Correspondence from Templeman Menninga Kort Sullivan & Fairbrother,
Barristers & Solicitors re: Town of Aurora Employment Matters
Mayor Jones provided a response to the circumstances leading up to the providing of
the bonus payment to the Chief Administrative Officer. The Mayor explained that this
initiative was to recognize the outstanding performance of the Chief Administrative
Officer for work performed during the past three years that was over and above the
content of his job description. A summary of the work to be considered and expected
as part of the Chief Administrative Officer's job and a detailed overview of other
initiatives considered to be over and above his expectations was provided. The Mayor
praised the work, effort, and participation of the Chief Administrative Officer as a leader
within the Town of Aurora and as a valuable participant in numerous Regional, Greater
Toronto Area, and Provincial initiatives that have profiled Aurora positively. The Mayor
requested that Council formally consider the $10,000.00 bonus awarded to the Chief
Administrative Officer for these and other contributions he has made to the Town of
Aurora during the past three years.
At this point in the Meeting, individual Council Members discussed in detail their
differing perspectives on these particular circumstances, the merits, legal and privacy
protection questions, procedural concerns, and the process for the basis of determining
the Chief Administrative Officer’s bonus compensation. Overall philosophies concerning
merit compensation in general were elaborated upon.
#282. Moved by Councillor McKenzie Seconded by Councillor Griffith
WHEREAS the Council of Town of Aurora appreciates the exemplary
efforts of Mr. Marc Neeb, the Chief Administrative Officer in making
significant contributions on behalf of the Municipality in respect of ongoing
Regional, Greater Toronto Area, and Provincial initiatives;
AND WHEREAS these efforts continue to exceed the expectations of
Council in employing a C.A.O. responsible for overseeing the overall
management and conduct of the activities of the Corporation; and
BE IT HEREBY RESOLVED THAT the payment of a lump sum
$10,000.00 bonus to Mr. Neeb comprised of $3,000.00 to Summit Direct
Computers and $7,000.00 to Altamira Investments Inc. being the form and
manner of his choosing be and is hereby confirmed.
On a recorded vote, the resolution was CARRIED
Aurora Special Council Minutes No. 17-98 Page 6
Tuesday, May 5, 1998
YEAS: 6 NAYS: 3
VOTING YEA: Councillors Griffith, Hartwell, Healy, Hinder, McKenzie,
and Mayor Jones.
VOTING NAY: Councillors Hogg, Morris, and West.
#283. Moved by Councillor McKenzie Seconded by Councillor Griffith
WHEREAS recent circumstances have identified the need for Council to
formally consider and adopt a policy with respect to merit/incentive
compensation to be applicable to all staff of the Corporation of the Town of
Aurora;
AND WHEREAS it is the desire of Council to ensure that a policy be
developed that would allow future administration of this matter in a manner
that would be consistent with an open, accessible local government and
simultaneously comply with statutory staff privacy protection legislation;
and
BE IT HEREBY RESOLVED THAT staff be directed to research and
prepare for Council’s consideration a new Administration Procedure which
may include the concept of employee merit/incentive compensation
applicable to all members of staff in the Corporation, subject to availability
of funds as determined through Council’s annual budget considerations.
CARRIED
During part of the discussion on this matter, Mayor Jones relinquished the Chair to
Deputy Mayor West. Mayor Jones then resumed the Chair and Council's discussion
continued prior to the final vote on the matter.
ADJOURNMENT
#284. Moved by Councillor Griffith
THAT the Meeting be adjourned at 10:00 p.m.
CARRIED
___________________________
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T. JONES, MAYOR L. ALLISON, MUNICIPAL CLERK